• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Misrepresentation Case. After a few days use, Bianca discovered the Adventurer ZX was totally unsuitable for her busy bar and restaurant.

Extracts from this document...


´╗┐QUESTION 2 Question: Bianca went to Crystal Sounds Ltd, a leading music system specialist, to buy a DVD player for her busy bar and restaurant. She told Miles, the salesman, that she needed a powerful DVD player because the restaurant became noisy at busy periods. Miles showed Bianca the Adventurer ZX player, which he said was ?sophisticated, yet very user friendly?, honestly believing this to be the case. Miles also said ?in my opinion, this model will be perfect for you as the sound quality is superb even at a high volume.? In fact, the Adventurer ZX system was a brand new model which had just been delivered to the shop, so Miles had never had an opportunity to hear how it sounded when played. Bianca declined the opportunity to listen to the Adventurer ZX system. She was in a hurry and decided to buy the system on the basis of what she had been told about it by Miles. After a few days use, Bianca discovered the Adventurer ZX was totally unsuitable for her busy bar and restaurant. ...read more.


In the case Bisset v Wilkinson [1927], the claimant had purchased a piece of farm land to use as a sheep farm. The defendant was asked how many sheep the land would hold but as the defendant had never used it for sheep; he estimated that it would carry 2000 sheep. The estimate turned out to be wrong and the claimant brought an action for misrepresentation. It was held that the statement given by the defendant was only a statement of opinion and not a statement of fact and therefore it was not an actionable misrepresentation. A statement of fact is any written or oral declarations of facts in a court case whereas a statement on opinion is a statement of a belief based on grounds incapable of actual proof. A statement of fact cannot amount to a misrepresentation as there is a presumption that everyone knows the law and therefore it cannot be falsely stated. Applying the law from the case Bisset v Wilkinson and applying it to the facts of this scenario, the statement that Miles had given cannot amount to misrepresentation as his statement was merely a statement of opinion which he had honestly held. ...read more.


The fact that he had declined the offer to check the books reinforced rather than negated that reliance. Applying the law from this case, Bianca will not be able to claim misrepresentation as that can only happen if she knew that the statement that Miles had given was untrue. For a misrepresentation to be actionable, it must have acted on the mind of the representee. If the representee is unaware of the misrepresentation then he cannot take action on the basis of it. In this scenario, the representee is Bianca. She in unaware of the misrepresentation and therefore cannot take action on the basis of it. As Miles made a statement not knowing if it was true or not, it will lie under negligent misrepresentation. Negligent misrepresentation is a statement made without reasonable grounds for belief in its truth. In negligent misrepresentation, the burden of proof will be on the representee to demonstrate that they had reasonable grounds for believing the statement given to be true. In this scenario, Bianca believed the statement as Miles was a salesman and she thought that he will have knowledge of the system. In conclusion, Bianca does have contractual rights and she will be able to claim for damages for negligent misrepresentation under s2(1) of the Misrepresentation Act 1967. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Law of Contract section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Law of Contract essays

  1. Marked by a teacher

    Contract Law - Offer And Acceptance

    3 star(s)

    that, after conclusion one party send to other the document containing terms significantly different from those which had been orally agreed20 Acceptance by conduct Gibson v MCC (1979) Lord Denning said that one must look at the correspondence as a whole and the conduct of the parties to see if they have come to an agreement.

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

    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

  1. Advise Jane - Jane requires advice on misrepresentation and also a possible action for ...

    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. With regard to the query as to the colour of the service, C would probably argue that this was merely an opinion.

  2. Four ways in which a contract may be discharged.

    White & Carter v McGregor [1962] AC 413. White & Carter were advertising agents. They supplied local authorities with litter bins to which they attached advertising plates. McGregor contracted with them for his garage to be advertised in this way for three years.

  1. Contract Practice for Alpha construction LTD.

    Evaluation SM asked the group if they had any preferences to which they replied no. SM suggested that although the entire group was responsible for research for all themes so that they can contribute to the meetings two people would be made responsible for the documentation of each theme.

  2. Contract law - Case study.

    In D J Hill and Co Pty Ltd v Walter H Wright Pty Ltd, the negotiations were conducted entirely by telephone and when the goods were delivered, Hill's employee signed a form which contained an exemption clause. The document signed was regarded as a delivery docket and that when they signed it; all they were doing was acknowledging delivery.

  1. I have been asked to advise a client on considering contracting with a building ...

    The case of Byrne V Tienhoven 1880 is an example of this. The defendants were in Cardiff; the claimants in New York. The sequences of the events follow. 1 October Letter posted in Cardiff, offering to sell1,000 boxes of tinplates.

  2. In advising Bennys position of the interest over the said property (the flat), it ...

    He ought to consider, whether any direct/less direct financial contributions made by him to the purchase price of "the flat". The answer is negative, because all of purchase price was totally come from Amy. 3. He did not pay for management fees and utility charges, even though he actually

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work