ELEMENT 6 : EXPRESSED TERMS Flashcards
1
Q
Routledge v Mckay
A
- owner told motorcycle was registered in 1941 that unknown to him it was 1939
- the buyer bought a week after
- court held failed due to lapse of time.
2
Q
Couchman v Hill
A
- the buyer confirmed with the seller that the heifer was unserved.
- the buyer bought the heifer just to find out it died cause it was too young to have a calf.
- the written contract mentioned that “it was sold with all faults, imperfection”
3
Q
Birch v Paramount Estates (Liverpool)
A
- couple bought a house on the basis that it would be ‘as good as show”
- turned out not
- couple would not buy that house if not because of the statement.
4
Q
Oscar Chess Ltd v Williams
A
- Defendant sold his motorcycle to motor dealer with knowledge that it was a 1939 model when it was a 1948 model.
- no breach of contract due to no expertise
5
Q
Dick Bentley Productions Ltd v Harold Smith (Motor) Ltd
A
- claimant bought a Bentley car from the defendants who were a car dealer
- the defendant claimed that it was 20, 000 miles when in reality it was 100, 000 miles
- claimant successful as he relied on a specialist
