Dick Bentley Productions v Harold Smith [1965] 1 WLR 623

FACTS: The plaintiff, Mr Bentley, told Mr Smith, of the defendant company, that he was on the look-out for a well-vetted Bentley car. Mr Smith subsequently obtained a Bentley car and Mr Bentley went to see it. Mr Smith told Mr Bentley that the car had done 20,000 miles only since the fitting of a new engine and gearbox. The mileometer also showed 20,000 miles. Later that day, Mr Bentley took his wife to see the car and Mr Smith repeated his statement. Mr Bentley took the car out for a run and then bought it for £1,850. The car was a disappointment to Mr Bentley and it soon became clear that the car had done more than 20,000 miles since the change of engine and gearbox. HELD by the Court of Appeal: distinguishing Oscar Chess Ltd v Williams, that the statement as to the mileage was a term of the contract. The defendant was a car dealer who should be taken to have better knowledge of such matters than the plaintiff, who was not involved in the motor trade.