MERE PUFF;
Statements that are mainly sales talk and should not be taken seriously
Osborn v hart- described a port as “superior” but turned out to be
undrikable-held a contractual term because of superior
Dimmock v halett -said land was fertile and improvable but turned out to
be useless-held as a mere puff- auctioneer words
REPRESENTATION AND TERMS
Both re and terms have legal effects unlike mere puff
Representations are not part of the contract and you can not sue for
breach- misrepresentation
Representation are statements of fact, made to induce the other party
to enter into a contract
1. Importance:
The more important a term the likelier it is going to be a
term-couchman v hill( two heifers were being sold, asked if it
was unserved, asnwered yes, turned out to be served- held as
aterm because of its importance to the buyer.
Bannerman v white asked if sulphur was used in treating the
hops, answered no, turned oit to be false- held as a term.
2.Special knoweldege or expertise
If the party making the transaction had relative expertise which the other
did not share, the statement is likely to be a term.oscar chess ltd v
williams and dick bentley v Harold Smith involved the sale of used
cars, where the seller statements turned out wrong.
● William contracted with oscar chess to buy a new car, and give his
old car in exchange, which logbook said it was registerd in 1948,
relying on this, william sold his car to oscar chess salesman.it truned
out to be false, the logbook had been forged 1939 model. An
inspection of the car even by an expert would nothave noticed.
William had no knowledge of the year the car was made and was
Statements that are mainly sales talk and should not be taken seriously
Osborn v hart- described a port as “superior” but turned out to be
undrikable-held a contractual term because of superior
Dimmock v halett -said land was fertile and improvable but turned out to
be useless-held as a mere puff- auctioneer words
REPRESENTATION AND TERMS
Both re and terms have legal effects unlike mere puff
Representations are not part of the contract and you can not sue for
breach- misrepresentation
Representation are statements of fact, made to induce the other party
to enter into a contract
1. Importance:
The more important a term the likelier it is going to be a
term-couchman v hill( two heifers were being sold, asked if it
was unserved, asnwered yes, turned out to be served- held as
aterm because of its importance to the buyer.
Bannerman v white asked if sulphur was used in treating the
hops, answered no, turned oit to be false- held as a term.
2.Special knoweldege or expertise
If the party making the transaction had relative expertise which the other
did not share, the statement is likely to be a term.oscar chess ltd v
williams and dick bentley v Harold Smith involved the sale of used
cars, where the seller statements turned out wrong.
● William contracted with oscar chess to buy a new car, and give his
old car in exchange, which logbook said it was registerd in 1948,
relying on this, william sold his car to oscar chess salesman.it truned
out to be false, the logbook had been forged 1939 model. An
inspection of the car even by an expert would nothave noticed.
William had no knowledge of the year the car was made and was
