Long v Lloyd [1958] 1 WLR 753 is an English contract law

English contract law

English contract law is a body of law regulating contracts in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries across the Commonwealth , and the United States...

 case concerning misrepresentation

Misrepresentation in English law

Misrepresentation in English law is an area of English contract law, which allows a person to escape a contractual obligation or claim compensation for losses. If one person can show that she entered an agreement because of another person's false assurances, then the other person will be unable to...

. It exemplifies that if a contract is affirmed by a misrepresentee, rescission will be barred.

Facts

Lloyd advertised a lorry as being in ‘exceptional condition’. Mr Long went to Mr Lloyd's premises to see it. Mr Lloyd then said it could do 40mph. On a trial run from Hampton Court to Sevenoaks

Sevenoaks

Sevenoaks is a commuter town situated on the London fringe of west Kent, England, some 20 miles south-east of Charing Cross, on one of the principal commuter rail lines from the capital...

, he said it did 11 miles to the gallon. Mr Long bought it for £750. Two days later, driving to Rochester and back the dynamo stopped working, the oil seal was defective, there was a crack in the wheel and it did only five miles to the gallon. Mr Lloyd then said he would repair for half price of a reconstructed dynamo. Mr Long accepted. Then on another journey, being used by his brother on a business trip to Middlesbrough

Middlesbrough

Middlesbrough is a large town situated on the south bank of the River Tees in north east England, that sits within the ceremonial county of North Yorkshire...

, it broke down. Mr Long sued to rescind.

Judgment

Pearce LJ held that the contract had been affirmed when it was taken back after having been fixed. He emphasised that Mr Long ‘chose’ not to have an expert examine the lorry. On fuel consumption he had a reasonable time to test it, so ‘on any view he must have accepted the lorry before he purported to reject it.’