... the car would "do" 30 mpg on the open road and 22 mpg around town. However for Bruce to have an action for misrepresentation he must first prove that Clarence's statement was one of fact and was false. In deciding whether a statement can become a misrepresentation I must look to see, firstly whether the statement is a term of the contract or a mere representation. In this case the facts suggest that Clarence's statement would not form part of the contract, as the standard form contract signed by Bruce makes no mention of fuel consumption. From this evidence it would seem that the courts would not construe the statement made by Clarence regarding the car's fuel consumption as a term of the contract as it was not included in the standard form contract signed by Bruce. However this is not to say that the courts would not define the representation ...

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