Ecay v Godfrey [1947]

Court: High Court

Facts: In the sale of a sailboat, the seller, Godfrey (D), assured the buyer, Ecay (C), that the boat was in sound condition. However, the seller also advised the buyer to conduct an independent survey of the boat.

Issue: Whether the seller’s statement about the boat’s condition constituted a term of the contract or merely a representation.

Held: The High Court held that the statement regarding the boat’s soundness was a mere representation and not a term of the contract. The statement about the boat’s condition lacked the definitiveness required to be incorporated as a contractual term. The fact that the seller recommended an independent survey indicated that the statement was not intended to be binding as a term of the contract.

💡 Leveluplaw: When a representor advises the other party to independently verify a statement, this typically suggests that the statement is a representation rather than a contractual term. This case underscores the significance of context and the language used in representations, highlighting that such statements are less likely to be considered binding terms when verification is encouraged.