representation or statement - express&implied

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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
    • 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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