Legal Case: Determine if the Case is a Term of Contract, Misrepresentation or It is Merely an Opinion

991 Words Feb 1st, 2018 4 Pages
If it constitutes a term of the contract, then contractual remedies would be awarded if there was a breach . If it is a misrepresentation, then Brad would be provided with remedies for common law misrepresentation. However, if it is a mere statement of opinion or a prediction about the future, then it would have no legal consequence .
In JJJ Savage & Sons Pty Ltd v Blakney the purchaser was denied damages, even he was induced to enter into the contract by a non-promissory statement. Therefore for a statement to be classified as a term of contract, the parties must have, objectively, intended it to be promissory in nature. Although the courts take into account a number of other factors to define the terms of contract , nevertheless, the advertisement in this instance is unlikely to be considered as a promise. Further, had the advertisement not been included in the subsequent written contract, the parol evidence rule makes it even harder for Brad to pursue his right under contract.
In most cases, it is necessary to determine the type of a misrepresentation mainly due to the differences in remedies . However, the University of Kew’s liability regarding misrepresentation would be excluded by the later exclusion clause, which…

More about Legal Case: Determine if the Case is a Term of Contract, Misrepresentation or It is Merely an Opinion

Open Document