It holds that indemnities can be claimed under English law for any consequential costs of a contract not turning on an innocent misrepresentation (such as rent).

He bought a long farm lease, induced by Seale-Hayne's representation that the premises were sanitary and in good repair.

[1] Farwell J held no further losses could be claimed because it was beyond the ambit of the indemnity to which Mr Whittington was entitled.

It was not the case that the rescinder should be in a position status quo ante because 'to make good by way of compensation for the consequences of the misrepresentations is the same thing as asking for damages'.

There would now be a common law claim under Hedley Byrne & Co Ltd v Heller & Partners Ltd or under s 2(1) Misrepresentation Act 1967 for damages.