representation or statement - express&implied
- Created by: JadeSanders
- Created on: 26-11-19 09:33
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- statement - a representation or a term?
- negotiations - discussion so terms are agreed
- untrue = misrepresentation
- importance attached to the representation
- clearly important = term
- Couchman v Hill
- heifer for sale. confirmed she wasn't pregnant. died during birth - term
- special knowledge or skill of the person making the statement
- Oscar Chess v Williams
- private car seller. thought car was 1948, but was older. not a term
- **** Bentley v Harold Smith Motors
- dealer said 20,000 miles, had acc done 100,000. not written in contract. term
- **** bentley case, purchaser would have lost rights under misrepresentation - distinction here is crucial
- Oscar Chess v Williams
- time lag between statement and contract made
- when contract is made later and doesn't refer to statement - not a term
- Routledge v Mackay
- didn't refer to date of vehicle. lag-7 days. representatipn, not a term
- court presumes everything the parties wanted is in the written contract
- if it's a written contract
- court presumes everything the parties wanted is in the written contract
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