model when, in fact, it was a 1939 model. This difference was material in that it affected the trade-in value of the car by £115. In the Court of Appeal, it was held that the defendant’s statement was no more than an innocent misrepresentation, which, at the time, did not give rise to an action for damages: Oscar Chess Ltd v Williams [1957] 1 WLR 370, CA, p 373

doi:10.4324/9781843141518-101

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ABSTRACT

Oscar Chess Ltd v Williams [1957] 1 WLR 370, CA, p 373 Denning LJ: I entirely agree with the judge that both parties assumed that the Morris car was a 1948 model and that this assumption was fundamental to the contract. This does not prove, however, that the representation was a term of the contract. The assumption was based by both of them on the date given in the registration book as the date of first registration. They both believed that the car was a 1948 model, whereas it was only a 1939 one. They were both mistaken and their mistake was of fundamental importance.