In which of the following cases did the court decide that in trying to ascertain whether...

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!

Solutions

Expert Solution

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)

ekkarill92 answered 1 year ago

Next > < Previous

Related Solutions

write a respose to the following question. in each of the following cases, decide whether a...

write a respose to the following question. in each of the following cases, decide whether a biomial distributio is an appropriate modddule and give your reason. 1. a firm uses a computer based training module to prepare 20 machinists to use new numerically controlled lathes. the module contains a test at the end of the course, x is the number who perform satisfactory on the test. 2. the list of potential product testers for a new product contains 100 person...

In each of the following cases, decide whether a binomial distribution is an appropriate model, and...

In each of the following cases, decide whether a binomial distribution is an appropriate model, and give your reasons. 1. A firm uses a computer-based training module to prepare 20 machinists to use new numerically controlled lathes. The module contains a test at the end of the course; X is the number who perform satisfactorily on the test. 2. The list of potential product testers for a new product contains 100 persons chosen at random from the adult residents of...

A company is trying to decide whether to bid for a certain contract or not. They...

A company is trying to decide whether to bid for a certain contract or not. They estimate that merely preparing the bid will cost $10000.If their company bids, then they estimate that there is a 50% chance that their bid will be put on the “short-list;” otherwise their bid will be rejected. Once “short-listed” the company will have to supply further detailed information (entailing costs estimated at $5000). After this stage their bid will either be accepted or rejected. The...

You are a data science consultant! In each of the following cases, decide whether you would...

You are a data science consultant! In each of the following cases, decide whether you would suggest a flexible regression model or an inflexible one. Provide your reasons as clearly as possible. (a) In the study of breast cancer, a scientist is trying to find the genes associated with breast cancer. The total number of genes in the study is 50,000 and the number of patients is 120. (b) The Ministry of Education in a certain country wants to identify...

What were the legal issues in this case? What did the court decide in Dietz case?

The owner of WebCity is trying to decide whether to remain a proprietorship or to incorporate....

The owner of WebCity is trying to decide whether to remain a proprietorship or to incorporate. Suppose that the corporate tax rate on profits is 40 percent and the personal income tax rate is 50 percent. For simplicity, assume that all corporate profits (after corporate taxes are paid) are distributed as dividends in the year they are earned and that such dividends are subject to tax at the personal income tax rate. If the owner of WebCity expects to earn...

You are trying to decide whether to take a vacation. Most of the costs of the...

You are trying to decide whether to take a vacation. Most of the costs of the vacation (airfare, hotel, and forgone wages) are measured in dollars, but the benefits of the vacation are psychological. How can you compare the benefits to the costs? Compare the airfare and hotel costs of the vacation to the foregone wages. Determine the benefits of what you give up by going on the vacation, and compare them to the benefits of going on the vacation....

The dean of the School of Fine Arts is trying to decide whether to purchase a...

The dean of the School of Fine Arts is trying to decide whether to purchase a copy machine to place in the lobby of the building. The machine would add to student convenience, but the dean feels compelled to earn an 10 percent return on the investment of funds. Estimates of cash inflows from copy machines that have been placed in other university buildings indicate that the copy machine would probably produce incremental cash inflows of approximately $16,500 per year....

"A corporation is trying to decide whether to buy the patent for a product designed by...

"A corporation is trying to decide whether to buy the patent for a product designed by another company. The decision to buy will mean an investment of $9.9 million, and the demand for the product is not known. If demand is light, the company expects a return of $2.35 million each year for the first three years and no return in the fourth year. If demand is moderate, the return will be $3.73 million each year for four years, and...

A supermarket is trying to decide whether to accept or reject a shipment of tomatoes. It...

A supermarket is trying to decide whether to accept or reject a shipment of tomatoes. It is impossible to check all the tomatoes for size, but they desire an average weight of 8 ounces (they neither want too large nor too small). (a) State the hypotheses. (b) A random sample of 25 tomatoes yields an average weight of 7.65 ounces and a standard deviation of 1.15 ounces. Calculate the test statistic and the p-value. (c) Would you reject H0, or...

Subjects