Oral statements made by the auctioneer1 may or may not form part of the contract of sale2. Oral statements made to the buyer by the auctioneer before the sale may amount to conditions or warranties3 which override the written conditions of sale4 and may be used, where the contract is reduced to writing, to show that the written version was not what was actually agreed or that the contract is void for mistake
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This Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of care outside a statutory duty, see Practice Notes:•Negligence—when does a duty of care arise?•Negligence—when is the duty of care breached?Breach of
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