Dry Rot
Well-Known Member
This is an interesting thread from which many of us have learnt things!
My one worry is that I am not so sure "sold as seen" can be used as a get out clause, at least by a professional seller. There is such a thing as misrepresentation and can mental health problems in a horse really "be seen"? Are they necessarily going to be seen from a brief trial and an external examination, even by a vet?
Quote .
Misrepresentation
From Wikipedia, the free encyclopedia
This article is about a legal term. For the sociological one, see Misrepresentation (sociology).
Misrepresentation is a concept in the contract law of England and some other Commonwealth countries, referring to a false statement of fact made by one party to another party, which has the effect of inducing that party into the contract. For example, under certain circumstances, false statements or promises made by a seller of goods regarding the quality or nature of the product that the seller has may constitute misrepresentation. A finding of misrepresentation allows for a remedy of rescission and sometimes damages depending on the type of misrepresentation.[citation needed]
According to the judgment in the English case Gordon v Selico (1986) 18 HLR 219 it is possible to make a misrepresentation either by words or by conduct, although not everything said or done is capable of constituting a misrepresentation. Generally, statements of opinion or intention are not statements of fact in the context of misrepresentation.[1] If one party claims specialist knowledge on the topic discussed, then it is more likely for the courts to hold a statement of opinion by that party as a statement of fact.[2]
The courts are not very sympathetic when sellers impose a get out clause clearly intended to protect themselves.
My one worry is that I am not so sure "sold as seen" can be used as a get out clause, at least by a professional seller. There is such a thing as misrepresentation and can mental health problems in a horse really "be seen"? Are they necessarily going to be seen from a brief trial and an external examination, even by a vet?
Quote .
Misrepresentation
From Wikipedia, the free encyclopedia
This article is about a legal term. For the sociological one, see Misrepresentation (sociology).
Misrepresentation is a concept in the contract law of England and some other Commonwealth countries, referring to a false statement of fact made by one party to another party, which has the effect of inducing that party into the contract. For example, under certain circumstances, false statements or promises made by a seller of goods regarding the quality or nature of the product that the seller has may constitute misrepresentation. A finding of misrepresentation allows for a remedy of rescission and sometimes damages depending on the type of misrepresentation.[citation needed]
According to the judgment in the English case Gordon v Selico (1986) 18 HLR 219 it is possible to make a misrepresentation either by words or by conduct, although not everything said or done is capable of constituting a misrepresentation. Generally, statements of opinion or intention are not statements of fact in the context of misrepresentation.[1] If one party claims specialist knowledge on the topic discussed, then it is more likely for the courts to hold a statement of opinion by that party as a statement of fact.[2]
The courts are not very sympathetic when sellers impose a get out clause clearly intended to protect themselves.
