This website uses cookies to ensure you get the best experience on our website. Learn more

Bisset v Wilkinson [1927] AC 177

By Oxbridge Law TeamUpdated 04/01/2024 06:59

Judgement for the case Bisset v Wilkinson

Table Of Contents

  • Defendant sold Plaintiff land for farming, stating that the believed that the land could carry 2000 sheep when in fact it was less than this.

  • Privy Council held that this was an honest statement of opinion, not a statement of fact and therefore Plaintiff could not rescind the contract. 

Lord Merrivale

  • Unless fraud is established, an opinion (i.e. an honest opinion) is not actionable, whereas a statement of fact is actionable.

  • A statement of opinion is not a representation unless the opinion of the person making the representation has some special weight, e.g., he or she is a professional employed to give such opinion.

  • In this case there was no such special weight to be given to Defendant who was not a farmer. It was therefore an honest opinion and could not be fraud.

  • Ordinarily a claim as to the capacity of one’s own land would be a statement of fact since one has knowledge of ones own land, but the circumstances here (lack of knowledge as to sheep farming) meant there was no such knowledge. 

Any comments or edits about this case? Get in touch

For Further Study on Bisset v Wilkinson

Contract Law Notes
1,511 total pages
744 purchased

Contract law notes fully updated for recent exams at Oxford and Cambrid...

Need instant answers? Our AI exam tutor is here to help.

Ask questions 🙋 Get answers 📔 It's simple 👁️👄👁️

Our AI is educated by the highest scoring students across all subjects and schools. Join hundreds of your peers today.

Get Started
Claim every advantage to get a first in law
Contract Law Notes
1,511 total pages
744 purchased

Contract law notes fully updated for recent exams at Oxford and Cambrid...