Is a statement a term or a representation?

Question 1

What 4 questions must we consider concerning whether a statement is a term or a representation?

Answer 1

1. Is the statement important?
2. Who made the statement- do they have a special knowledge/ skill?
3. When was the statement made- is there a time lag?
4. Was it in writing?

Question 2

Which case goes with is the statement important?

Answer 2

-Couchman V Hill

Question 3

Couchman V Hill?

Answer 3

-said cow was not pregnant.
-important to buyer so not representation.

Question 4

Which cases go with who made the statement/ do they have a special skill or knowledge?

Answer 4

-Oscar Chess V Williams

Question 5

Oscar Chess V Williams?

Answer 5

-statement made by public with no expertise.
-if a statement is made by expert more likely to be a term.

Question 6

Which cases go with when was the statement made- is there a time lag?

Answer 6

-Routledge V Mackay

Question 7

-Routledge V Mackay? (timelag)

Answer 7

-statement made week before contract and not in terms
-only meant as a representation.

Question 8

Which cases go with was it in writing?

Answer 8

-Routledge V Mackay
-L’estrange V Graucob

Question 9

Routledge V Mackay? (was it in writing)

Answer 9

-courts tend to presume that everything parties wanted to include as a term would be in the written contract.

Question 10

Extra important detail of whether it was in writing?

Answer 10

-statements made before contract are representations

Question 11

L’estrange V Graucob?

Answer 11

-a person is bound by a document he signs regardless of whether he read it or not.