In: Accounting
In which of the following cases did the court decide that in trying to ascertain whether a statement is a term or not the relative knowledge of the parties is a relevant consideration?
a). Hopkins v Tanqueray (1854) 15CB 130.
b). Pym v Campbell (1856) 6 & B 370.
c). Oscar Chess v Williams [1957] 1 ALL ER 325.
d). All of the answers provided.
Thanks for answering!
In d) Oscar Chess v Williams [1957] : The defendants sold a car for £290 to the claimants with copy of first registeration indicating the car was fir registered in 1948. However after 8 months, claimants came to know the car was actualy registered in 1939 and had value of £175. The defendants honestly beloved the car was of 1948 model but caimants claimed damages to breach of contract.
In this case the court ruled in favour of defendants as the statement did not become a term because Oscar Chess in the position of car dealer would not have though a person (Williams) with no experience in car market could have guarnteed the truth. William passed on the information he had to Oscar and given the field knowledge Oscar has he should have been able to investigate cars registered age earlier and not after 8 months.
The relative knowledge of Oscar became a relevant consideration in this case.
Answer is c)