Abstract
Refers to a recent High Court decision in 'Stalker v Duncan [2020] NZHC 1484', which concerns the sale of a farm in 2011. Raises the issue of when a purchaser's carelessness in the face of a misrepresentation is properly taken into account. Goes on to explain why the Contributory Negligence Act 1947 cannot be used to reduce damages for misrepresentation, and explore other ways how purchaser carelessness can be taken into account and might effectively reduce compensation.