Terms: Term or Representation in a Contract

Question 1

Couchman v Hill

Answer 1

• The statement was clearly important to the purchaser of the animal and so was taken as a contract term rather than a representation.

Question 2

Oscar Chess v Williams

Answer 2

• A private seller of a car believed it to be a 1948 model but it was actually much older.
• This statement was not a term of the contract, just a representation.

Question 3

Dick Bentley v Harold Smith Motors

Answer 3

• The misleading mileage of a car was a term of the contract rather than a mere statement.

Question 4

Routledge v Mackay

Answer 4

• It was presumed that the actual date of manufacture of the vehicle was not seen as important as it was not in the written contract.