''Long v Lloyd''

958 Year 958 (Roman numerals, CMLVIII) was a common year starting on Friday of the Julian calendar. Events By place Byzantine Empire * October / November – Battle of Raban: The Byzantine Empire, Byzantines under John I Tzimiskes, Jo ...

1 WLR 753 is an

English contract law English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the Industrial Revolution, it shares a heritage with countries ...

case concerning

misrepresentation In common law jurisdictions, a misrepresentation is a False statements of fact, false or misleading''Royal Mail Case, R v Kylsant''

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Question of law, statement of fact made during negotiations by one party to another, the statement then in ...

. It exemplifies that if a contract is affirmed by the party who has been misrepresented, rescission will be barred.

Facts

Lloyd advertised a lorry as being in 'exceptional condition'. Mr Long went to Mr Lloyd's premises to see it. Mr Lloyd then said it could do 40 mph. On a trial run from

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, he said it did 11 miles to the gallon. Mr Long bought it for £750. Two days later, driving to Rochester and back the

dynamo "Dynamo Electric Machine" (end view, partly section, ) A dynamo is an electrical generator that creates direct current using a commutator. Dynamos employed electromagnets for self-starting by using residual magnetic field left in the iron cores ...

stopped working, the oil seal was defective, there was a crack in the wheel and it did only five miles to the gallon. Mr Lloyd then said he would repair for half price of a reconstructed dynamo. Mr Long accepted. Then on another journey, being used by his brother on a business trip to

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, it broke down. Mr Long sued to rescind.

Judgment

Pearce LJ held that the contract had been affirmed when it was taken back after having been fixed. He emphasised that Mr Long 'chose' not to have an expert examine the lorry. On fuel consumption he had a reasonable time to test it, so 'on any view he must have accepted the lorry before he purported to reject it.'

Notes

English misrepresentation case law Court of Appeal (England and Wales) cases 1958 in British law 1958 in case law {{UK-law-stub