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Questions and Answers
What did the auction sale catalogue describe the heifer as?
What did the auction sale catalogue describe the heifer as?
What did the auctioneer's standard conditions state regarding lots being sold?
What did the auctioneer's standard conditions state regarding lots being sold?
Why did the claimant sue both the defendant and the auctioneer?
Why did the claimant sue both the defendant and the auctioneer?
Why did the Court of Appeal rule in favor of the claimant?
Why did the Court of Appeal rule in favor of the claimant?
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What did the claimant do to obtain confirmation about the heifer's status?
What did the claimant do to obtain confirmation about the heifer's status?
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What was the dangerous aspect of the heifer being with calf?
What was the dangerous aspect of the heifer being with calf?
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What did the claimant implicitly communicate by asking for confirmation of the heifer's status?
What did the claimant implicitly communicate by asking for confirmation of the heifer's status?
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How did the defendant and auctioneer accept the claimant's offer regarding the heifer's status?
How did the defendant and auctioneer accept the claimant's offer regarding the heifer's status?
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Why did the auctioneer and defendant rely on the terms of the catalogue and standard conditions?
Why did the auctioneer and defendant rely on the terms of the catalogue and standard conditions?
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What was the significant aspect of the heifer being with calf that made it dangerous?
What was the significant aspect of the heifer being with calf that made it dangerous?
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How did the claimant indicate that they would only bid if they obtained a warranty about the heifer's status?
How did the claimant indicate that they would only bid if they obtained a warranty about the heifer's status?
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What was a key factor that led to the Court of Appeal ruling in favor of the claimant?
What was a key factor that led to the Court of Appeal ruling in favor of the claimant?
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Study Notes
Couchman v Hill Case
- Defendant put up a heifer for auction with a catalogue description as 'unserved'
- The catalogue stated that the sale would be subject to the auctioneer's standard conditions, which included 'all lots must be taken regardless of any faults or errors of description'
- Standard conditions also stated that lots were sold 'with all faults, imperfections and errors of description'
- Claimant asked both the defendant and auctioneer to confirm that the heifer was unserved, and both answered 'yes'
- Claimant bought the heifer, which later turned out to be with calf, resulting in its death due to its young age
Breach of Warranty
- Claimant sued both the defendant and auctioneer for breach of warranty
- Defendant and auctioneer relied on the terms of the catalogue and standard conditions to exclude their liability for errors of description
Court of Appeal Decision
- Court held in favour of the claimant
- Claimant made an offer for a contract warranting that the heifer was unserved by asking for confirmation of its status
- Defendant and auctioneer accepted this offer by confirming orally that the heifer was unserved and then accepting the claimant's bid at the auction
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Description
Test your knowledge on the legal case Couchman v Hill which involved an auction sale of a heifer with a disputed description. Explore the key facts and legal principles from this case.
