ABSTRACT
Further, there may now also be criminal liability under the TDA (see ante, paras 4.07-08) or other statutes.4
[11.02] Misrepresentation or contractual term. The courts had to decide whether a statement remained a mere representation, in which case it attracted only the remedies for misrepresentation (see post, para 17.10); or became a contractual term, in which case it also attracted the remedies for breach of contract (see post, Chapter 26), though without any double recovery (see post, para 27.39-40). This issue turned on the intention of the parties.1 Where it was expressly stated that the defendant warranted the truth of the
[11.01] 1 Eg, Watford Electronics Ltd v Sanderson CFL Ltd (set out post, para 18.24A; unappealed point). See
further Treitel, Law of Contract (10th edn), pp 305-16. 2 Hopkins v Tanqueray (1854) 15 CB 130 (auction: see ante, para 10.10); Oscar Chess Ltd v Williams [1957] 1
All ER 325, CA (car log book misled parties); Humming Bird Motors v Hobbs [1986] RTR 276, CA (seller’s statement to best of knowledge and belief).
