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Ecay v Godfrey [1947] 80 Lloyds Rep 286

The defendant sold a boat to the claimant. He stated that as far as he was aware the boat was sound and free from vice but advised the claimant to have it surveyed.  The boat turned out to be defective.

Held:

The statement that the boat was sound was merely a representation. The statement was not sufficiently emphatic to amount to a term and the advice to have the boat surveyed demonstrated the defendant did not wish the claimant to rely on the statement.

 

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