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the quay wall will be carried out so far
as is compatible with the plans of the
Government for the development of the area".
The only representation of fact that can be extracted
from these letters is a representation that the
Government in fact at the date in question proposed
to reclaim eastward, and proposed to protect that
reclamation by a sea wall similar in design to
Mr. Kwik's. The only promise, on the other hand,
which can be extracted is a promise that any future
reclamation would be protected by a vertical sea wall
continuous with Mr. Kwik's. The representation
There
was true and the promise has not been broken.
was no representation or promise that there would be
any reclamation eastward.
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are:-
The two forms of proceeding open to Mr. Kwik
(a) An action for the rescission of the
(b)
contract on the ground of misrepresentation;
and
an action for damages for breach of
contract.
I cannot imagine any court rescinding the present
contract because it would be quite impossible to
restore the status quo, but apart from that
consideration I think that the action for rescission
would fail because the plaintiff could not prove any
false representation. On the other hand, I think
that an action for damages for breach of contract
would fail because I cannot see what promise we have
broken. I may add that an action for damages on
the