Breach of Contract Essay

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Breach of Contract 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…show more content…
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. 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, the expertise and knowledge that C possesses in respect of Coalport goods will be important as to whether this constitutes a statement of fact. Finally in Brown v Raphael (1958), it was stated that a statement of fact will often be found if the representor is in a far stronger position to know the facts than the representee. Obviously, this is the case here because Carolyn actually owns the goods in question so presumably knows them, and also Jane is not at the liberty to inspect the service herself. With regard to the statement about obtaining a replacement, it is questionable as to whether this will constitute a statement of fact.
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