Terms or Representations
the courts have developed tests to help them distinguish between terms and representations
does the representor (statement maker) have special knowledge?
If yes, it is more likely to be a term
**** Bently Production v Harold Smith Motors
the court held the statement about the car was a term as the defendant was a car dealer who had greater expertise that the claimant relied on
Oscar Chess v Williams
held: the statement relating to the age of the car was not a term but a representation. The representee (statement receiver) Oscar Chess LTD as a car dealer had the greater knowledge and would have been able to check out the statements validity easily
does the representee place special importance on the issue?
Bannerman v White
held: the statement that the hops has not been treated with sulphur was a term of the contract rather than a representation as…