Terms/ representation

Question 1

Factors that distinguish between a term and representations (5)

Answer 1

1. Importance
2. Time
3. Reduction to writing
4. Specialist knowledge
5. Checks/ assumption of responsibility

Question 2

Importance

Bannerman v White

Answer 2

B assured sulphur wasn’t used in growing the hops.
This assurance was a condition upon which the parties contracted.
B was sued as he had used sulphur.

Question 3

Time

Routledge v Mckay

Answer 3

Claimant bought 1936 motorcycle outfit which had been registered wrongly as 1942. This was mentioned during negotiations but not written into the contract.

Court held the lapse of time between negotiations and entering contract meant the year was not a term of the contract.

Also it was not written into the contract.

Question 4

Specialist knowledge

Duck Bentley v Harold smith

Answer 4

HS has reputation as an expert in prestige cars. He found a Bentley for D that he said had only done 20,000. Later emerged in fact it had done 100,000.

DB sued and was successful (objective test) would a reasonable person infer his words were contractual? Yes as he had great expertise on the car.

Question 5

Checks/ Assumptions of responsibility’s

Schawel v Reade

Answer 5

Wanted a horse for stud purposes. Told ‘need not look at the horse. I would tell you if there was anything the matter with it. Turned out to be unfit for its purpose.

Held D’s statement as to fitness of horse was a term of the contract.