Fynn enters into a contract to sell Toby his 1999 Commodore for $3,000. During negotiations leading up to the contract Fynn assured Toby that there was no rust in the car.

Examine the following three situations and:

state whether Fynn's statement about rust is a term of the contract or a representation (just write term or representation) and

state the rule and the case that best support your decision.

1Where three weeks pass before Toby accepts Fynn's offer.

2Where Fynn works as a salesperson at a local used car yard.

3Where Fynn and Toby write down all the things they have agreed to (including the no-rust assurance) on a sheet of paper that neither sign.