Routledge v McKay

The claimant bought a 1936 Douglas motorcycle outfit in a part-exchange deal which required him to pay a balance of £30. The registration documents falsely stated that it was a 1942 model, as a previous owner had earlier modified the bike and had wrongly registered it as a 1960. The current seller had, during negotiations, mentioned the 1942 date, but the actual deal only took place several days later.

Even though the logbook clearly stated the bike's year as 1960, that statement was a mere representation and not a contractual term; nor was there any misrepresentation in this transaction. Furthermore, neither the owner who had made the false registration nor any of the intervening owners were liable to the current owner. The delay between the negotiations and the contract was a contributing factor to the decision.