173Removal of certain bars to rescission for

173 Removal of certain bars to rescission for misrepresentation (a) a person enters into a contract after a misrepresentation is made to the person; and (b) the person would be entitled to rescind the contract without claiming fraud if 1 or more of the following matters (former bars) did not apply: (i) the misrepresentation has become a term of the contract; (ii) the contract has been performed; (iii) a conveyance, transfer or other document has been registered under a territory law or a law of the Commonwealth, a State or another Territory because of the contract. (2) The person may rescind the contract even though 1 or more of the former bars apply. (3) This section is subject to the following sections: • section 175 (Damages instead of rescission for misrepresentation) • section 176 (3) (Exclusion clauses—misrepresentation). Misrepresentation Chapter 13