3. Terms Flashcards
(34 cards)
Bannerman v White
Statement may be regarded as term if it is o important that party would not have entered into a contract but for statement
Routledge v McKay
Lapse of time between statement and signing of contract - representation
Fact statement not included in written contract - representation
Birch v Paramount Homes
Statement held to be term in spite of not being included in written contract
Oscar Chess v Williams
Statement made to car dealers as to age of car held not to be a term
Dick Bentley v Harold Smith
Statement made by car dealer to layman as to car’s mileage held to be a term
Schawel v Reade
D assured P as to fitness of horse being sold for stud purposes + expressly told need not make any examinations himself
Term
Hopkins v Tanqueray
In similar circumstances, statement about horse not term
Distinguish: auction sale + concluded day after statement
J Evans v Andrea Merzario
Oral assurance that goods will be carried below deck held to be part of contract
City and Westminster Properties v Mudd
Oral promise that D would be able to continue to sleep in back of shop held to be collateral contract overriding express terms of contract declaring he would not be permitted to do so
Shanklin Pier v Detel Products
Collateral contract between 1 of parties to main contract and 3P
Axa Sun v Campbell
Courts will resist reliance on entire agreement clause is where this is seen as attempt to dodge liability for misrepresentation
Interfoto v Stiletto
Onerous clause held not to be a term - should be brought to other party’s attention
British Crane Hire v Ipswich Plant
Owner of crane sought to rely on term that is common in trade but not expressly stated
Held: term incorporated by common trade custom
The Moorcock
Contract for mooring ship at jetty held to include implied term that berth would be safe
Liverpool City Council v Irwin
Lease for apartment in high-rise tower block must of necessity include obligation on the landlord to maintain lifts, stairs etc.
Sale of Goods Act 1979, s 12(1)
Implied terms as to title - condition that seller has right to sell goods
SGA 1979, s 13(1)
Implied term that goods will correspond with description in contract
SGA 1979, s 14(2)
Implied term that in business context products are of satisfactory quality
SGA 1979, s 14(3)
Where in business context seller makes known purpose of good, there is implied term that those goods are suitable for that purpose
SGA 1979, s 15(2)
Where sale by sample, two conditions are imputed into a contract - (a) bulk will correspond with sample in quality, (b) goods will be free from defect
UCTA 1977, s 6(1)
Implied undertaking as to title cannot be restricted or excluded
UCTA 1977, s 6(2)
Implied undertakings as to description, quality, fitness for purpose cannot be excluded against any person acting as a consumer
UCTA 1977, s 6(3)
In the case of non-consumers, any term purporting to restrict liability in respect to above is subject to requirement of reasonableness
Supply of Goods and Services Act 1982, ss 2-5
Same principle applied to transfer of property in goods
