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Sir I have asked this question earlier but I cannot understand the answer given by you.
The facts: The defendant, in discussing the possible sale of his motorcycle to the claimant, said on 23 October that the cycle was a 1942 model; he took this information from the registration document. On 30 October the parties made a written contract which did not refer to the year of the model and the purchaser had not indicated that the age of the cycle was of critical importance to him. The actual date was 1930.
Decision: The buyer’s claim for damages failed. The reference to a 1942 model was a representation made prior to the contract
My questions: Why the buyer’s claim for damages failed? Although we know that breach of representation results in damages and/or rescission.
A representation is a pre-contractual statement of some (material) known or discernible fact, made with the intention of inducing the other party into a contract
Clearly the statement about the age of the motor bike was not material – it wasn’t mentioned in the contract and the purchaser had not indicated that the age of the cycle was of critical importance to him
So it wasn’t important enough
IF the purchaser had stated that it was really important that he should own a 1942 model motor bike then, in that situation, the age of the bike would have assumed greater importance and the claim would likely have succeeded
But that wasn’t the case here and thus the claim failed
OK?
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