If one of the parties had a specific skill or knowledge with regard to the subject matter of the contract,then a statement is probably a term.

Question

Quizplus · Accepted Answer

If one of the parties has a specific skill or knowledge related to the subject matter of the contract, any statement made by them is likely to be considered a term rather than a mere representation. This is because the other party is likely to rely on their expertise and attach importance to the information provided. However, each case depends on its own facts and circumstances, and whether a statement is a term or representation ultimately depends on the intention of the parties at the time of contracting.

If One of the Parties Had a Specific Skill or Knowledge