6. Express and implied terms

Question 1

How are express terms incorporated?

Answer 1

1. Signature
2. Reasonable notice at the time/before contract
3. Previous course of dealings

Question 2

Breach of condition?

Answer 2

Terminate future performance + claim damages

Question 2

Reasonable Notice before/at the time of contract

Answer 2

• at/before contract
• legible
• more onerous terms need more attention
• see terms overleaf
• previous terms and course of dealing

Question 2

Breach of warranty?

Answer 2

Damages only available

Question 3

Contract to hire ships clauses are…

Answer 3

Condition

Question 4

Inominate term

Answer 4

terminate (maybe) + damages

Question 5

‘Wait and see’ approach for innominate term

Answer 5

breach of condition might be so slight that termination is not proportionate

wait + see to see how bad breach is

Question 6

How bad must breach be of inominate term to terminate?

Answer 6

Breach is serious enough to substantially deprive innocent party of the whole benefit under contract

Question 7

Warranties for sale of goods (consumer)

Answer 7

• reasonable skill and care
• reasonable time
• reasonable price

Question 8

Strict liability terms for a sale of goods?

Answer 8

• fit for purpose
• match description
• satisfactory quality
• right to sell

Question 9

Bars to reject goods?

Answer 9

Accceptance or

slight breach that rejection would be unreasonable

Question 10

Consumer Rights Act remedies?

Answer 10

1. Reject + full refund
2. repair if needed
3. price reduction or right to reject (used)

AND DAMAGES

Question 11

Remedy for improper performance?

Answer 11

Repeat performance or price reduction