(b) No, this statement would not become a term of the contract. It is important to notice that X has used the words 'in my view'. These words indicate that X is only expressing an opinion. By their very nature, opinions are understood to be a personal point of view that may not be correct. The correct inference is that expressions of opinion are not intended to be legally binding.

Other commonly used phrases that show a statement is only an opinion are 'I believe'; 'I think' and 'in my opinion'.

Of course it is possible for a person to misrepresent what their true opinion is, but even then, the false statement does not become a term of the contract - it would only be a misrepresentation. Remedies for misrepresentations are provided by tort law and the Australian Consumer Law.