Couchman v Hill [1947]

Court: Court of Appeal

Facts: Couchman bought a cow from Hill, who stated that the cow was a heifer (one that had not yet calved). The cow was actually pregnant and later died due to complications. Couchman sued for breach of contract.

Issue: Can a misdescription of the goods in a contract be treated as a binding term?

Held: The court found that the seller’s description of the cow as a heifer was a term of the contract, making Hill liable for breach.

Key Judicial Statement: Scott LJ stated that a description given by one party that is not within the knowledge of the other can be incorporated as a term if it forms a substantial part of the contract.

💡 Leveluplaw: When one party provides crucial information that the other relies on, this can form an important term of the contract, leading to liability if the description is inaccurate.