Misrepresentation -Whether there were false assertions by the receiver and/or the
mortgagee appointing him that, inter alia, the duplicate certificates of titles for lots
were lost or misplaced
Agency - Whether the receiver is the agent of mortgagee

Credibility - Assessment – absence of contemporaneous documents- effect
Breach of Contract – Whether breach of contract in, inter alia, not providing
duplicate certificates of title
Damages - Quantum – Whether negotiating damages appropriate – Basis of award
of damages where Court finds that damages were not proved but the claimant did
not receive what was contracted for.