Ecay v Godfrey (1947) 80 Lloyd’s Rep 286
The defendant, Godfrey, sold a boat to the claimant, Ecay. The defendant, having expertise in boats, had stated that the boat being sold was in a good condition yet suggested that the claimant had the boat checked/surveyed for a better overview. After the completion of the purchase, the claimant found that the boat was faulty and he brought an action against the defendant for the sale of a flawed vessel.
1. Whether or not the defendant’s statement on the boat being faultless constituted a term of the contract.
1. That the defendant’s statement on the boat being faultless was not a term of the contract.
The court believed that since the defendant had suggested that the claimant should have the boat surveyed, he did not intend that the claimant rely on his statement on the quality of the boat. Further, that his suggestion to the claimant to have the boat surveyed meant that his statement on quality was not definite or expert to enable such a statement to constitute a term of the contract.