representations Flashcards
factors considered for a representation
-importance attached t0 the representation
-special knowledge or skill of the person making the statement
-any time lag between statements or contract
-wether there is a written contract
importance attached to representation-Couchman v hill
auction cataolgue stated heifer was no pregnant, was pregnant and died. Statement is clearly important to the purchaser , was contract not representation
special knowledge or skill of person making the statement- two contrast cases
Oscar chess v Williams and dick Bentley v Harold smith
Oscar chess- private seller of car believed it be 1948 model, actually older , statement was not term in contract
Dick Bentley- stated car did 20.00 miles when i had done 100,000. taken to be term of contract rather than statement
Time lag between statement and contract- Routledge v Mackay