Dunbar, W.J. and Dunbar, M.

The case of *Dunbar, W.J. and Dunbar, M.* concerned a dispute between the parties, heard before the Full Court of the Supreme Court of South Australia.

The central legal issue before the Court was whether a contract for the sale of land was valid and enforceable, notwithstanding certain alleged misrepresentations made by the vendor. Specifically, the Court had to determine if the purchasers were entitled to rescind the contract due to these misrepresentations, or if the contract remained binding.

The Court's reasoning focused on the principles of misrepresentation and their effect on contractual validity. It considered whether the statements made by the vendor constituted actionable misrepresentations, and if so, whether the purchasers had affirmed the contract after becoming aware of the true facts. The Court applied established legal principles regarding the requirements for a misrepresentation to be legally significant, including its materiality and the reliance placed upon it by the representee. The Court ultimately found that the alleged misrepresentations did not provide a sufficient basis for rescission, and therefore the contract remained on foot.