Contents Of A Contract Flashcards
(60 cards)
What is an express term and an implied term
Express term- something which is distinctly discussed and agreed then incorporated Into the contract
Implied term- not openly considered by the parties but is read into the contract by the courts by statue and custom
What are representations of a contract
Precontractual statements intended to persuade the other party to enter into the contract
What are terms
Statements incorporated into the contract
4 ways the court distinguish between a representation and a term
Importance attached to the statement
Is it in writing?
The timing of the statement
Whether either parties had special knowledge or skills
Bannerman v white
Negotiations of hops, buyer said won’t bother to ask the price if hops contained sulphur. Seller said it didn’t. Court held there would not have been a contract if the seller didn’t make his statement
Birch v paramount estates ltd
Verbal term made into the written contract.
Statement made by seller of home ‘the house will be as good as a show house’
Timing of a contract and case law
Longer the gap between statement and contract entered the likely hold the court will determine it is not intended to be a term if the contract
Routledge v McKay
Special skills and knowledge and caselaw
If persons making the statement has special skills and knowledge the court will more likely consider the statement a term
Oscar chess ltd v Williams
How are express terms considered?
Court will determine what parties said it wrote when they made the contract and whether the claimant has had notice of the term
How can express terms be made terms of a contract
In a written document.
One party attempts to incorporate written terms into an oral contract
Limitation clause case example
Arcadia consulting UK Ltd v Amex BSC ltd
Case where party signs a written document containing contractual terms
L’Estrange v F Graucob
Case where terms are valid as they’re in the contract Even though signatures didn’t read the terms
Signature to written contract obtained by mistake or misrepresentation
Curtis v Chemical cleaning and Duing co
How can written terms be incorporated into oral contracts
Through notice
Consistent course of dealing
Common understanding by the parties
Incorporation of terms through actual notice
Okey v Marlborough Court Hotel
Reasonable notice of a term
Parker v South eastern railways company
Not whether the claimant has read the clause but that defendant has taken reasonable steps to inform the claimant
Persons bound by a term though they haven’t read it
Thompson v L M & S railways co
Documents containing terms should be expected to hold terms. Case example
Chapelton v Barry Urban District Council
More unusual the term the more notice expected to be given. Case example
J SPurling ltd v Bradshaw (RED HAND RULE!)
Consistent course of dealing case example
I SPurling ltd v Bradshaw
Common understanding between the parties case example
British crane hire corp ltd v Ipswich Plant Hire
How can a term be implied
By statute
By custom
By the court
Which two acts were replaced by consumer rights act 2015?
Sale of goods act 1979
Supply of goods and services act 1982
S9 consumer rights act
Covers satisfactory quality of goods
