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Asaiment Work Essay

484 words - 2 pages

When a contract is formed the declarations made between the two parties involved can be seen as either terms of the contract or mere representations, it is quite essential for the parties to be able to distinguish the difference between the two as it is criticall for both parties to know what course of action to take if such a term or representation is breached. In order to distinguish wheteher a declaration is a term or a mere representation the courts will analyse four factors, the parole evidence rule, relative expertie of the parties, importance of the declaration and the time that has passed form the declaration to the signing of the contract (e-lawresources). This paper ...view middle of the document...

wilkinson [1927]). The salesman guarantees that the car has no defects and Jhon does not need to inspect it, If the salesman was not in a position to know better this statement could be considered a statement of opinion and Jhon would not be able to claim any remedies for negligent or fraudulent misrepresentation if the car he bought had any defects, but could sue on the basis of innocent misrepresentation if the sales man could prove that on entering into the contract he belived the statement to be true (Misrepresentation Act 1967) and under section 2(2) of the act it would be up to the courts to decide if damages should be awarded or if the innocent party could put an to end the contract, which would put the parties in a position before the contract was enterd into. However as the sales man was in the better position to know if the car was in good condition or not, Jhon would be able to sue on misrepresentation (Smith v. Land and House Property Corp [1884]). On the other hand if the salesman did not declare that the

Jhons signs a guarantee that contains three terms, however sub-clause (c) states that if sub clauses (a) and (b) conflict with statutory provisions then the sub clauses shall prevail, per contra sub clause (c) has no effect as no term in a contract can conflict with statutory rights as under the consumer protection from unfair trading regulations 2008 if guarantees are offered they must be offered in addition to statutory rights and not to take those rights away, as statute provisions are binding by law and no terms in a contarct can prevail them (BBC/news-business 2012).

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