Representation Flashcards

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1
Q

What is a representation

A

A statement which induces the making of a contract

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2
Q

What are representations typically

A

Passing comments

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3
Q

What are the 4 factors the court will consider for a representation becoming a term

A

. The importance attached to the representation
2. Special knowledge or skill of the person making the statement
3. Any time lag between making the statement and the contract
4. Whether there is a written contract

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4
Q

What is meant by the importance attached to the representation

A

If the statement said was an important factor of purchase, it should considered a term

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5
Q

What case would you use for importance attached to the representation

A

Couchman v Hill

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6
Q

Why might the person making the comment having special knowledge knowledge or skill be considered a term

A

As they know what they are talking about and may influence your decision based upon that

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7
Q

What case would you use for the person making the comment having special knowledge knowledge or skill

A

Dick Bentley v Harold Smith

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8
Q

What case would you use for any time lag between making the statement and the contract

A

Routledge v McKay

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9
Q

What is assumed regarding writing contracts and terms

A

Everything hat is considered to be a term will be written down

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10
Q

What is misrepresentation

A

When representation falls into 1 of the 4 categories and almost become a term

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