Jane requires advice on misrepresentation and also a possible action for damages in breach of contract.

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Contract (1)

Jane has decided to buy a dinner service. A neighbour tells her that a sister-in-law, Carolyn, is planning to sell her valuable Coalport service. Jane telephones Carolyn who tells her that the Coalport is a full service, in immaculate condition and completely original. Jane inquires whether the Coalport is in 'athlone blue', knowing that this is particularly valuable. Carolyn replies, "It must be, it's the proper Coalport blue colour". Jane further inquires whether replacement Coalport can still be purchased in the event of breakages. Carolyn tells her, "Well I broke a dinner plate a year or two ago and had no trouble buying another one". Jane agrees to send Carolyn a cheque in the sum of £350, on clearance of which Carolyn will dispatch the Coalport.

Jane receives the service a month later. She is disappointed and angry to discover that:

the Coalport is deficient in two items, namely one tureen and one small plate'

there are faint cracks on the underside of the gravy boat;

the Coalport is blue, but not 'athlone blue'; and

this particular dinner service is no longer available, Coalport having recently been taken over by Wedgwood.

Advise Jane.

Jane requires advice on misrepresentation and also a possible action for damages in breach of contract.

A misrepresentation is a false statement of fact, made contractually which is intended to induce the contract and which has that effect. So, in order to establish if any of Carolyn's statements will constitute a misrepresentation, it must be examined if they constitute statements of fact. First of all, with regard to the statement concerning the condition of the dinner service, Carolyn states quite clearly and unequivocal that the service is immaculate and completely original. This is not vague or ambiguous as in Dimmock v Hallet (1866); and as such will amount to a statement of fact. As such, it satisfies the first requirement for an actionable misrepresentation.
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With regard to the query as to the colour of the service, C would probably argue that this was merely an opinion. The general rule, as stated, in Bisset v Wilkinson (1927) is that a statement of opinion, from a person who is not an expert, will not form an actionable misrepresentation. However, in Smith v Land & House Property Corporation (1884), it was stated that an opinion may amount to a statement of fact when it is made by one who knows best as it carries implicit assertion that facts are known to support the opinion. This, ...

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