End date 1965 | ||
 | ||
Citation(s) [1965] EWCA Civ 2, [1965] 1 WLR 623 Ruling court Court of Appeal of England and Wales Similar City and Westminster Properties (1934) Ltd v Mudd, Oscar Chess Ltd v Williams, Thornton v Shoe Lane Parking Ltd | ||
Dick Bentley Productions Ltd v Harold Smith (Motors) Ltd [1965] EWCA Civ 2 is an English contract law case, concerning the difference between a representation and a contract term.
Contents
Facts
Dick Bentley Productions Ltd wanted a ‘well vetted’ Bentley. Harold Smith (Motors) Ltd, car dealers, found one which they said had done only 20,000 miles since a replacement engine. It later emerged that the Bentley had done 100,000 since the engine and gear box had been replaced. Dick Bentley sued Harold Smith for breach of warranty, and was successful before the trial judge.
Judgment
The Court of Appeal held that the statement of how many miles were done was a term of the contract, because the Harold Smith (Motors) Ltd were car dealers and in a better position to know than the claimant about the truth of the statement. This affects the parties' intention to incorporate a term into a contract. Lord Denning MR said the following.
Salmon LJ and Danckwerts LJ agreed.