Explain How the Courts Decide Between a Mere Representation and a Term

Question

Examlex · Accepted Answer

The Answer is The courts have mechanisms in place to determine whether a statement is merely a representation,which induces the offeree to enter into the contract,or a term,which forms part of the contract and indicates how it should be performed.While it is never easy to determine whether a statement is a representation or a term,the courts apply an objective test and will take into account the following:
•the time lapse between the making of the statement and the final agreement;
•whether the person making the statement asks the other person to check or verify it;
•whether the statement was made with the intention of preventing the other party from finding any defects (Hopkins v Tanqueray [1854]);
•the importance attached to the statement by the parties;
•whether the person who has made the representation has some special skill or knowledge not possessed by the other party (Oscar Chess v Williams [1957]).

Explain How the Courts Decide Between a Mere Representation and a Term

Essay

Correct Answer:
Verified

Explain How the Courts Decide Between a Mere Representation and a Term

Essay

Correct Answer:VerifiedShow Answer

Correct Answer:
Verified