Rescission of Sale Due to Concealed Subsurface Defects

An individual, having purchased an undeveloped plot of land, discovered through a subsequent geological survey that the land was unsuitable for the intended construction due to its unstable nature, and subsequently sought rescission of the sale, arguing the vendor had withheld information about the land's subsurface conditions. The court quashed the lower court's decision, reasoning that when a vendor is aware of a fundamental defect that significantly diminishes the value or utility of the property for its intended purpose, the sale can be rescinded under the principle of error regarding the substance of the thing sold, even if the defect was not explicitly mentioned, as the vendor had an affirmative duty not to conceal such material facts known to them.