those used by the college. Conn knew that this was not true, as virtually any computer
would be compatible as long as it used the correct software. Bill knew nothing about
computers and accepted that Conn, as an expert, must be correct. He agreed to buy
the computer, paid a deposit and said he would collect and pay the remainder of the
cost later in the week.
Later, when returning home, Bill was unfortunately knocked over by a car and
suffered such serious injuries that he could not complete his college course and no
longer needed the computer.
(a) What effect will the statements made by Conn have on any contract that has been
formed?
(b) Discuss the effect on the contract between AB Computers and Bill of Bill’s accident
and departure from his college course.
(c) Consider whether the remedies available to the innocent party when there has
been a breach of contract are satisfactory.3 There are some untrue statements which induce a contract which will give rise to no
remedy in misrepresentation.’
Consider the validity of this argument.
4 Critically assess whether the remedies which are available to a person who has been
induced into a contract by misrepresentation are satisfactory.
5 It could be argued that the remedies for misrepresentation can now be equated with
the remedies for breach of contract. How far can this argument be justified?
6 The remedies available to a person suffering from a misrepresentation are now not very
different from those for breach of contract.’
Discuss the accuracy of this claim.
A further ‘dilemma’ style question on misrepresentation can be found in Part 7 of the book.
184 Contract law