A Broken Contractual Term or Misrepresentation Puzzle in English Law

A Broken Contractual Term or Misrepresentation Puzzle in English Law

  This article attempts, first, to describe and analyze the rules in English law on deciding a contractual term or a representation, second, to discuss every kinds of contractual terms and misrepresentation in English law on which the buyer can rely in the event of the seller"s delivery of defective goods. It draws our first attention on that a contractual term must be distinguished from a statement of opinion or mere puff which has no legal effect and a mere representation which may raise a claim for misrepresentation. The question whether a statement is a contractual term or mere representation relies ultimately upon the intention with which the statement was made. This article also finds that contractual terms can be divided into two groups(express terms and implied terms) and attempts to define those express and implied terms in addition to showing various kinds of those terms respectively. It also provides the definition and types of an actionable misrepresentation.