QUESTION

Conway Stables Ltd, a horse breeding business owned by Mr Conway, were considering buying a horse for stud purposes from Fredbet Horses Ltd. Fredbet said they did not need to examine the horse as it was perfectly sound and if there was anything wrong, they would tell them. Three weeks later, Conway bought the horse which was useless for stud purposes. In addition, the owner of Conway Stables, Mr Conway, wanted to change the car he used for his business. He saw a second-hand 4 wheel drive car at the local garage and was told by the salesman that the car was in "A1 condition" but if it was to be constantly used on rough ground then he should consult the manufacturer. Mr Conway bought the car without consulting the manufacturer and after 6 weeks of using it on the farm he discovered major problems with the car engine and found it unsuitable for using on the farm.

Advise Mr Conway as to whether the statements about the horse and car are terms of the contract or representations and whether there is any claim in misrepresentation and any possible remediesv