Misrepresentation-Contract Law - Essay Example

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Misrepresentation-Contract Law

In Moore v. Landaeur [1921], we find adherence to S 13 of the SOGA, concerning tins of fruit and Beale v. Taylor [1967], involving a car that turned out to be a collection of soldered vehicles. Also in S14 of the SOGA the goods are to be of satisfactory quality. Examples are Grant v. Australian knitting mills [1936], itchy underpants and Wilson v. Rickett, Cockerall & Co. [1954], exploding coal. S14 deals with instances where goods are useable but have some form or defect. Examples include Rogers v. Parish and Another v. Parish (Scarborough) LTD. And Another [1987], where the court of Appeal held that a series of defects in a Range Rover made it unmerchantable (not satisfactory quality) even though it was fit to drive. S14 (2a) states: goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory taking into account of any description of the goods, the price (if relevant) and all the circumstances. ...
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Summary

In With v. O’Flannagan [1936] the court held that silence did not amount to misrepresentation. Further in Keates v. Cadogan it was decided that the seller was not bound to negotiate in good faith, that the disclosure of facts not known to the buyer could be withheld…
Author : monserratturcot
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