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What Is The Representation Of Dick Bentley Corporation Ltd

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In Dick Bentley Productions Ltd. v Harold Smith Motors Ltd 1965, the plantiff purchased a car from the defendant under the representation that the car only had been driven 20,000 miles. The representations about the car made by Harold Smith Motors are similar to those made by Green Haven Pty Ltd regarding the quality of the air, which both later proven to be false. In both cases, the representations made were not written into the physical contract. Judges in this case use the prima facie assumption rule to determine that the representation made by Harold Smith Motors was stated as a fact, and was therefore a warranty in the contract. Using objective tests, the representation was made with the intention of inducing the buyer and was in close
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