Bannerman v White

Facts

A buyer of hops said he would not ask the price if sulphur had been used. The seller said it had not. It had been used on a small part of the crop.

Issue

Was the assurance a term or a mere representation?

Held

It was a term. The seller knew the buyer would not contract if sulphur had been used.

Principle

A statement made to meet a stated condition of contracting is a term of the contract.

Why it matters

Importance to the buyer, known to the seller, points to a term.

For study only. By lanbuk.com. Always check current sources and consult a qualified professional.