#contract #law #terms
Routledge v McKay [1954] 1 WLR 615
FACTS: The private seller of a motorcycle told the buyer, in good faith, that it was a 1941 or 1942 model. One week later, the buyer and seller entered into a contract of sale. The written memorandum of the sale did not mention the year of the model. The motor cycle was a 1930 model and the buyer sued for breach of contract. HELD: The Court of Appeal held that the lapse of time between the making of the statement and entering into the contract meant the statement as to the year of the model was a representation and not a term of the contract.
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