Question

Two weeks ago, Joan and Gerrard, settled a contract to purchase a home in a retirement village. Soon after signing the contract, they saw on the local current affairs programme that the owners of the retirement village are con artists. They wish to get out of the contract but the contract provides no ground for rescission. It also contains a 'whole of agreement clause stating that 'this agreement excludes all statutory implied terms'

Answer 1

Considering the 3 following points

1. There is a clause clearly mentioned in the contract that "whole of agreement "

2. Contact excludes statutory implied terms

3. The contract is already signed.

After reviewing the facts ,it is clear that the contract is complete and it can not be rescinded based on the implied statutory term that the location of the real estate must be safe due to the point 2. Mentioned above.

As the law suggests ,if a contract clearly mentions the exclusion of statutory implied terms ,it can't be a base to appeal for rescission.

Joan and Gerrard can't rescind this contract.