Bisset v Wilkinson [1927] AC 177

Material Facts:

The plaintiff purchased land from the defendant for sheep farming. The plaintiff was informed by the defendant that if properly worked on the land, it was capable of carrying 2,000 sheep. The plaintiff knew the defendant had never used the land for the same purpose. The information on the number of sheep the land could carry turned out to be false.

Issues:

1. Whether the statement of the defendant on the capacity of land constituted a misrepresentation.

Holding:

1. The defendant’s statement did not constitute a misrepresentation.

Ratio Decidendi:

The Privy Council held that the statement by the defendant was merely an opinion and not a statement of fact since he had no personal experience in using the land for sheep farming.