Cases

• Couchman v Hill- Importance attached to the representation


  • Auction for animals
  • Buyer asked if the cow was pregnant
  • They said no but the cow was pregnant
  • This was a term
• Dick Bentley v Harold Smith Motors - Specialist knowledge/skill of the person making the statement


  • Car dealer stated incorrect number of miles that the car had done
  • It was a term
  • As its an important point to the sale of a car from a specialist
• Routledge v Mackay - Time lag


  • Car case
  • Comment was made about the date of the car
  • The car was bought much later without the date in the contract
  • Not a term as too much time had passed & he could've checked in that time
• Poussard v Spiers and Pond - Condition


  • Actress given a lead role in a production
  • She didn't go to the first performance so they gave her role to someone else
  • She tried to sue and lost
• Bettini v Gye - Warranty


  • Singer had a contract for some concerts & some rehearsals
  • He didn't go to some rehearsals so they replaced him
  • He was successful in his legal action as he was still able to do the performance
  • So the term was a warranty
• Hong Kong Fir Shipping - Innominate terms


  • Defendant chartered a ship for 2 years
  • A term stated it might be fitted for cargo use
  • It got engine problems & 18 weeks were lost
  • Defendant tried to repudiate the contract
  • Court stated it was a warranty because only 18 weeks of value had been lost put of 2 years
• Moorcock - Business efficacy


  • Defendant docked ship & when the tide was out
  • The ship broke up
  • The court said there was no implied term that the boat was safe & not damaged
• Hutton v Warren - Terms implied by custom


  There was a custom that at the end of a farming lease, the tenant farmer would get some seeds for the land
• Hillas v Arcos - Terms implied by prior dealings


  • 2 companies dealing with timber
  • They had dealt on these terms previously
  • They were implied