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Report No. 21

Clause 17

General.-This deals with representations made pending negotiation of the contract.

Suggestion.-As regards sub-section (2), the comments on another section1 of the English Act may also be seen for adding the words "the line he will accept".

Representations as to future.-Representations as to future may cause some difficulty. For example, a representation that a ship is to sail on a particular date is representation on a matter of fact, and if the ship is lost on some other date the insurer may avoid the contract.2 But a representation in the form that "it is intended that the ship will sail on a certain date' would not affect the contract if it is a mere matter of expectation".

1. See notes to section 18 of the English Act-clause 15.

2. Anderson v. Thornton, (1853) 8 Exch. 425: 20 LTOS 250, cited in Dover, p. 328.

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