Oscar Chess v Williams – 1957

January 22, 2024
Micheal James

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Introduction to Oscar Chess v Williams – 1957

The bustling streets of London in 1957 were home to many a deal, but none as questionable as the one struck between Oscar Chess Ltd., a seasoned car dealer, and Mr. Williams, a private seller. In the heart of the automotive scene, a Morris car changed hands, its age shrouded in mystery, sparking a legal battle that would reshape the landscape of contract law. Oscar Chess, lured by the promise of a 1948 Morris, shelled out a hefty sum, only to discover eight months later that their prized possession was actually a 1946 model. The discrepancy, a mere two years in age, felt like a chasm in value. Accusations of misrepresentation flew, with Chess claiming Williams had knowingly misled them.


  • Oscar Chess Ltd, a car dealer, bought a Morris car from Williams, claiming it was a 1948 model based on the registration book.
  • After purchasing the car, Chess discovered it was actually a 1946 model and sued Williams for misrepresentation.

Key Issue:

  • Whether the statement about the car’s year being 1948 constituted a term of the contract (binding promise) or a mere representation (statement of belief without guarantee).


  • Chess: Argued the statement was a term as it influenced their decision to buy and pay a higher price.
  • Williams: Claimed it was just a representation, as he relied on the registration book and wouldn’t have guaranteed the year accuracy.

Court Judgment:

  • The Court of Appeal sided with Williams, finding the statement was not a term of the contract.
  • They reasoned that:
    • Williams acted honestly and lacked expertise in car models.
    • Both parties knew the registration book could be inaccurate.
    • A reasonable person wouldn’t expect a non-expert seller to guarantee the car’s age.


  • This case established the “objective reasonable bystander test” to determine if a statement is a term.
  • It clarified that even inaccurate statements might not be binding if made honestly and without expertise.
  • The case is still a reference point for distinguishing terms from representations in contract law.

Conclusion: A Legacy of Clarity:

Oscar Chess v Williams may have involved a vintage Morris, but its legacy is timeless. It serves as a reminder that clear communication, honest intentions, and a healthy dose of skepticism are essential ingredients for any successful contract. In the bustling marketplace of promises and agreements, this case remains a beacon of clarity, ensuring that both buyers and sellers can navigate the legal terrain with confidence.

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