... representation that turns into being untrue there is no automatic remedy available. However, it can be seen as a dispute arising, when the determination for the courts to adopt the objective analysis and intentions of the two parties. At this stage it can be verified that the courts have difficulties in examining the two terms. In the development of the courts they have created a checklist that helps to encounter a statement, that is a term or representation. This list would consist of the limited amount of factors. These factors are used to help the courts distinguish between terms and a representation. When incorporating and expressing terms it is important that the more reliable evidence attached the more likely it is to be a term as seen in Birch v Paramount1. The first factor, which is stated as the timing of the statement. This is considered as the length of time. ...

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