FavoriteLoadingSave to briefcase | Rating: | By (2012)

  • PrintEmail Link
  • Viewed 3,227 times | Saved to 285 briefcases
Dick Bentley Productions v Harold Smith Motors [1965] 1 WLR 623 (CA)


P said to D he wanted to buy a Bentley. D found one said only had 20 000 miles. P bought. It had more miles. He wants rescission


Was this an innocent misrepresentation or a warranty?


1. If a representation is made in the course of dealings for a contract
**a. For the very purpose of inducing the other party to act on it,
**b. And it actually induced him to act on it,
2. Then it is prima facie ground for inferring a warranty,
3. The assumption can be rebutted by the maker of the misrepresentation (objectively look at the intention of the party)
**a. If they show it was an innocent misrepresentation


Test for awarding damages:
*A warranty was given
*Superior knowledge and skill of D existed
*Intended to be a warranty
*Reasonable person would be induced to rely on it


The statement was a warranty = damages


This case focuses on superior knowledge and skill – different then Heilbut when they say that superior skill and knowledge may be a factor but it is not a decisive factor

Leave a Comment

You must be logged in to participate.

This document is a general discussion of certain legal and related issues and must not be relied upon as legal advice. This document may not have been written or reviewed by a legal practitioner. For more information, please see the website Terms of Service.