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False Preliminary Statements and
Misrepresentation Exam Questions And
Answers |Latest 2025 | Guaranteed Pass.
Mere puff - Answer✔An extravagant claim or advertising gimmick that does not give rise to a
right of action.
Express term - Answer✔A term that is part of the contract; if untrue, the innocent party has a
remedy for breach of contract.
Representation - Answer✔A statement made by one party to the contract that may have
induced the other party to enter into the contract but does not form part of it.
Misrepresentation - Answer✔A false statement made by one party to the contract that induces
the other party to enter into the contract and may give rise to a remedy for the innocent party.
Clause - Answer✔A specific provision in a contract that defines the rights and obligations of the
parties involved.
Reasonableness test - Answer✔A test set out in the Unfair Contract Terms Act (UCTA) 1977 to
determine the validity of clauses excluding or restricting liability for misrepresentation in non-
consumer contracts.
Common intention - Answer✔The shared understanding or agreement between parties when
entering into a contract, determining whether a statement is a term or a representation.
Oscar Chess Ltd v Williams [1957] 1 WLR 370, CA - Answer✔A legal case where a false
preliminary statement was deemed an innocent misrepresentation due to the claimant's
knowledge and position.
Dick Bentley Productions Ltd v Harold Smith (Motors) Ltd [1965] 1 WLR 623 - Answer✔A legal
case involving the sale of a car where the court discussed the implications of false statements in
contracts.
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False Preliminary Statements and
Misrepresentation Exam Questions And
Answers |Latest 2025 | Guaranteed Pass.
Mere puff - Answer✔An extravagant claim or advertising gimmick that does not give rise to a
right of action.
Express term - Answer✔A term that is part of the contract; if untrue, the innocent party has a
remedy for breach of contract.
Representation - Answer✔A statement made by one party to the contract that may have
induced the other party to enter into the contract but does not form part of it.
Misrepresentation - Answer✔A false statement made by one party to the contract that induces
the other party to enter into the contract and may give rise to a remedy for the innocent party.
Clause - Answer✔A specific provision in a contract that defines the rights and obligations of the
parties involved.
Reasonableness test - Answer✔A test set out in the Unfair Contract Terms Act (UCTA) 1977 to
determine the validity of clauses excluding or restricting liability for misrepresentation in non-
consumer contracts.
Common intention - Answer✔The shared understanding or agreement between parties when
entering into a contract, determining whether a statement is a term or a representation.
Oscar Chess Ltd v Williams [1957] 1 WLR 370, CA - Answer✔A legal case where a false
preliminary statement was deemed an innocent misrepresentation due to the claimant's
knowledge and position.
Dick Bentley Productions Ltd v Harold Smith (Motors) Ltd [1965] 1 WLR 623 - Answer✔A legal
case involving the sale of a car where the court discussed the implications of false statements in
contracts.
1
