''Oscar Chess Ltd v Williams''
EWCA_Civ_5is_an_English_contract_law.html" ;"title="957
EWCA Civ 5is an English contract law">957
EWCA Civ 5is an English contract law case, concerning the difference between a term and a representation.
Facts
Williams sold Oscar Chess Ltd a Morris car for £290. It was described as a 1948 Morris 10, but it was really a 1939 model worth £175. Williams said it was 1948 in good faith, relying on the car log book, but the book was a forgery.
Judgment
Denning LJ said the term could only possibly be a warranty, whose ordinary meaning is ‘to denote a binding promise’. In ''
Cross v Gardner''
Holt CJ
Sir John Holt (23 December 1642 – 5 March 1710) was an English lawyer who served as Lord Chief Justice of England from 17 April 1689 to his death. He is frequently credited with playing a major role in ending the prosecution of witches in Eng ...
held that ‘An affirmation at the time of a sale is a warranty, provided it appears on evidence to be so intended.’ And this was the ordinary English meaning of a binding promise. But in ''
Heilbut, Symons & Co v Buckleton''
[ 913AC 30] Lord Haldane LC and Lord Moulton said ‘warranty’ in a technical sense, distinguished from a condition. The crucial point of this case was not whether the representation was a warranty or condition, but a term of the contract at all. It followed that Williams’ statement was a mere representation.
It followed that the statement did not become a term because a reasonable man (objective test) in the position of the car dealer (Oscar Chess Ltd) would not have thought that a person with no experience in the car market would have guaranteed the truth of the statement.
Hodson LJ concurred and Morris LJ dissented because he thought the parties did intend it to be a warranty.
See also
*
English contract law
English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries ...
*''
Routledge v McKay''
954
Year 954 ( CMLIV) was a common year starting on Sunday (link will display the full calendar) of the Julian calendar.
Events
By place Europe
* Spring – A Hungarian army led by Bulcsú crosses the Rhine. He camps at Worms in th ...
1 WLR 615
*''
Dick Bentley Productions Ltd v Harold Smith (Motors) Ltd
''Dick Bentley Productions Ltd v Harold Smith (Motors) Ltd'' 965EWCA Civ 2is an English contract law case, concerning the difference between a representation and a contract term.
Facts
Dick Bentley Productions Ltd wanted a ‘well vetted’ Ben ...
''
EWCA_Civ_2*
EWCA_Civ_2*Interpreting_contracts_in_English_law">965
EWCA_Civ_2
*Interpreting_contracts_in_English_law
_Notes
{{reflist.html" ;"title="Interpreting_contracts_in_English_law.html" ;"title="965
EWCA Civ 2
*Interpreting contracts in English law">965
EWCA Civ 2
*Interpreting contracts in English law
Notes
{{reflist">2
English contract case law
Court of Appeal (England and Wales) cases
Lord Denning cases
1957 in case law
1957 in British law