Terms And Representations Case Law Flashcards

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1
Q

What is the case for importance of statement?

A

Couchman V Hill

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2
Q

What happened in Couchman V Hill?

A

Auctioneer and farmer concluded animal wasnt pregnant, but it died while calving

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3
Q

What is the legal principle and judgment in couchman V Hill?

A

Legal principle- importance of statement
Judgement- found to be a term

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4
Q

What is the cases for special knowledge or skill?

A

Oscar Chess v Williams, Dick v Bentley

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5
Q

What happened in Oscar chess V Williams?

A

Private seller said model of car was 1948, but it was older

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6
Q

What was the legal principle and judgment in Oscar Chess V Williams?

A

Legal principle: special knowledge or skill
Judgement: representation

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7
Q

What happened in Dick V Bentley?

A

Car dealership, said car had 20,000 miles but it had 100,000

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8
Q

What was the legal principle and judgement in Dick V Bentley?

A

Legal principle: special knowledge or skill
Judgment: term as it is his profession

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9
Q

What is the case for time lag/ written contract?

A

Routledge V Mackay

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10
Q

What happened in Routledge V Mackay?

A

Age of the car, contract made 7 days after age of car was mentioned

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11
Q

What was the legal principle and judgement in Routledge V Mackay

A

Legal principle: Time lag/ written contract
Judgement: representation

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12
Q

What happened in Poussard v Spiers and pond

A

Actor failed to attend first few of her performances, when she did attend she wasnt aloud the role

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13
Q

What is the legal principle and judgement in Poussard v Spiers + pond

A

Legal Principle: repudiate contract if a condition is breached
Judgement: contract repudiated as she was lead actor

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14
Q

What happened in Bettinu v Gye

A

Singer contracted to a number of shows snd rehearsals, didn’t turn up to 3 rehearsals, repudiated his contract

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15
Q

What is the legal principle and Judgement in Bettini?

A

Legal principle: if a warranty contract cant be repudiated
Judgement: waranty, singer awarded damages

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16
Q

What happened in arcos v Ronaseen

A

Timber specified to be half an inch thick, couple pieces came thicker than specified, they were rejected

17
Q

What is the legal principle and Judgement in Arcos v Ronaseen

A

Legal principle: buyer isnt bound to accept goods
Judgement: rejected as buyers didnt need to accept

18
Q

What happened in hong kong

A

Hired ship for 104 weeks, wasnt sea worthy for 86 weeks

19
Q

What was the legal principle and Judgement in Hong Kong

A

Legal principle: innominate term- not a condition or warranty
Judgement- warranty- can only sue for damages

20
Q

What happened in Schuler V Wickman

A

Schular contracted rights to wickman to sell their products in the uk

21
Q

What was the legal principle in Schuler V Wickman

A

Legal principle: inominate term
judgement: court held warranty