01. Contractual terms.

Question 1

A pre-contractual statement of some known or provable fact, made with the intention of inducing another person into enter into contract.

Answer 1

Representation.

Question 2

Representation.

Answer 2

A pre-contractual statement of some known or provable fact, made with the intention of inducing another person into enter into contract.

Question 3

A statement that a plot of land will support a given size of flock, made by someone WHO HAS NO EXPERIENCE …

Answer 3

will not be deemed a representation.

Question 4

Freedom of contract.

Answer 4

The principle that parties may include whatever terms they choose within a contract.

Question 5

The principle that parties may include whatever terms they choose within a contract.

Answer 5

Freedom of contract.

Question 6

Contractual terms (may / may not) be oral.

Answer 6

may

Question 7

A term which is not … complete cannot be enforeced.

Answer 7

substantially

Question 8

A vague but uncrucial term in a contract, for example ‘normal business terms apply’ can be …

Answer 8

disregarded

Question 9

A contract containing terms which are not specific, including those regarding the hire purchase of motor car …

Answer 9

is not enforceable.

Question 10

An oral statement that goes to the root of the contract, including a guarantee that a ship will take a direct route or that a dress will not be damaged …

Answer 10

can override a written term in a contract.

Question 11

Remedy for a party regarding a statement made before a contract is made and NOT becoming one of its terms (either expressly or by implication) lies in …

Answer 11

misrepresentation

Question 12

Remedy for a party regarding a statement made before a contract is made and then becoming one of its terms (either expressly or by implication) lies in …

Answer 12

breach of contract

Question 13

A clause within a contract stating the legal jurisdiction which will apply to any potential disputes arising under it.

Answer 13

Governing clause.

Question 14

Governing clause.

Answer 14

A clause within a contract stating the legal jurisdiction which will apply to any potential disputes arising under it.

Question 15

The most frequent example of statutorily implied terms within consumer contracts is …

Answer 15

Sale of Goods Legislation

Question 16

Reasons for judicially implied terms: BE*, TC, CoT

Answer 16

business efficacy

Question 17

Reasons for judicially implied terms: BE, TC*, CoT

Answer 17

trade custom

Question 18

Reasons for judicially implied terms: BE, TC, CoT*

Answer 18

course of trade

Question 19

Terms which are normal in a trade, including payments to departing tenant farmers in respect of work done prior to harvest …

Answer 19

may be judicially implied into contracts.

Question 20

Terms necessary to give business efficacy, including that a wharf is safe for a ship at low water …

Answer 20

may be judicially implied into contracts.

Question 21

The implicit acceptance of a breach of a term, including one regarding the quality of wood …

Answer 21

will mean that the term cannot subsequently be interpreted more strictly in the future.

Question 22

A term implicit in the nature of a contract, such as a right of access to a rented property …

Answer 22

will be judicially implied within the contract.

Question 23

A situation in which two parties both believe that they have entered into a contract on their own ‘standard form’ terms.

Answer 23

Battle of the forms.

Question 24

Battle of the forms.

Answer 24

A situation in which two parties both believe that they have entered into a contract on their own ‘standard form’ terms.

Question 25

If in a ‘battle of the forms’ it is clear that neither party has accepted the other’s terms, for example in the sale of pedal sensors for cars …

Answer 25

the court may deem that the terms implied in the Sale of Goods Act (1979) apply.

Question 26

A term re … is ALWAYS implied in a contract of sale.

Answer 26

title

Question 27

If the purpose of a purchase is not specified at the time of contracting, for example hessian or purple rayon cloth …

Answer 27

then the ‘fitness for purpose’ requirments of Sale of Goods legislation will be difficult to enforce.

Question 28

If the purpose of a purchase is not specified at the time but is overwelmingly implicit in the nature of the product, for example milk or a motor car …

Answer 28

then ‘fitness for purpose’ under Sale of Goods legislation will be enforceable.

Question 29

If a written contract exists, a party may only rely on orally agreed terms …

Answer 29

if it can be shown that the written document was not intended to comprise all the agreed terms.