R v Bryan

Facts

Bryan sold spoons which he described as equal to Elkington's A, and he stamped them with the letter A. They were inferior. He obtained money on the strength of the description. He was convicted of obtaining by false pretences.

Issue

Is exaggerated praise a false pretence?

Held

The conviction was quashed. The statement was opinion, or puffing, not an assertion of a definite existing fact. Had he said the spoons were made by Elkington, knowing they were not, the offence would have been made out.

Principle

Section 32 of the Larceny Act 1916 requires a false representation of an existing fact. Mere exaggeration is not enough.

Why it matters

Hazelton is the case where the representation, though implied, was a representation of fact.

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