Bisset v Wilkinson (1927) AC 177

During negotiations the defendant said that if the farm was worked properly, it would carry 2,000 sheep. The plaintiff bought the farm believing that it would carry 2,000 sheep. Both parties were aware that the defendant had not carried on sheep-farming on the land.

In an action for misrepresentation, the trial judge said: "In ordinary circumstances, any statement made by an owner who has been occupying his own farm as to its carrying capacity would be regarded as a statement of fact. This, however, is not such a case. In these circumstances the defendants were not justified in regarding anything said by the plaintiff as to the carrying capacity as being anything more than an expression of his opinion on the subject."

The Privy Council upheld this decision. Even though an experienced sheep-farmer the farmer had no experience on the actual land. The farm which was sold had never carried sheep before.

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