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| Topic: |
Business
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| Number of pages / Number of words: |
3 / 662 |
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The remedies for false representations are, therefore, different from that for breach of terms. The distinction between a representation and a term of contract is problematic for the
reason that the intention of the parties towards a statement is hard to determine.
In the case of Dick Bentley Productions Ltd v Harold Smith (Motors) Ltd...
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(1965), the dealer of motor vehicle wrongly stated (innocently) that the car had traveled 20000miles while in fact it had traveled almost 100000 miles. It was held that the statement was a term as the representation was made for the very purpose of inducing the other party to act on it. The above case shown that the intention of making a statement is difficult to prove and the judges may need some guidelines and critical minds to determine the truth...
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