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Before considering what remedy a court may provide for breach of a contractual term it is necessary to reflect on the issue of proving the fact of the existence of a particular term. Where the contract is wholly oral and there is a dispute as to the existence of a term, the court will hear … Continue reading
A misrepresentation is an untrue statement of fact which induces a person to enter into a contract. A misrepresentation therefore generally does not arise from a untrue statement of intention, opinion or law. UNTRUE STATEMENTS OF INTENTION A statement of intention is one which has an element of futurity. Where a party to contract has … Continue reading
MISREPRESENTATION AND BREACH OF CONTRACT Where an untrue statement is more than a mere trader’s puff then the consumer is armed with various rights depending on the nature of the statement; and the relationship between the parties. An untrue statement which goes beyond a trader’s puff may be either a term of the contract which … Continue reading
Traders Puffs A “trader’s puff” is a non-specific statement of confidence applied goods or a service. Given the vague nature of a trader’s puff it will be impossible for a court to determine a consumer’s allegation that the trader’s puff was untrue. The consumer thus has no remedy at common law for an untrue trader’s … Continue reading
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