Term Or RepresentTion Flashcards
Term
Party can sue on them for breach of contract
Statement of opinion
Not part of contract or misrep
Same as mere puff
Representation
Statement made to encourage into contract
Forms misrepresentation
Term V representation looks at
Importance
Special skill or knowledge
Verification
Time
Importance case
Couchman V hill
Importance
If statement is so important that they would not have entered contract without it it’s likely a term
Special skill or knowledge
More likely to be term
Not specialist case
Representation
Oscar chess V Williams
Specialist case
Term
Dick Bentley c Harold smith
Verification
If makes statement and told to verify it then less likely term
Told to verify = representation
Verify it case
Ecay V Godfrey
Representation as told to check
No need to verify
Schawel V read
If not told not to verify it then term
Time
Longer time since statement more likely to be representation not term
Time
Routledge V mckay
Long time lapse = representation
