Representation Flashcards
What is a representation
A statement which induces the making of a contract
What are representations typically
Passing comments
What are the 4 factors the court will consider for a representation becoming a term
. 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
What is meant by the importance attached to the representation
If the statement said was an important factor of purchase, it should considered a term
What case would you use for importance attached to the representation
Couchman v Hill
Why might the person making the comment having special knowledge knowledge or skill be considered a term
As they know what they are talking about and may influence your decision based upon that
What case would you use for the person making the comment having special knowledge knowledge or skill
Dick Bentley v Harold Smith
What case would you use for any time lag between making the statement and the contract
Routledge v McKay
What is assumed regarding writing contracts and terms
Everything hat is considered to be a term will be written down
What is misrepresentation
When representation falls into 1 of the 4 categories and almost become a term