contractual terms Flashcards
Friel
such statements induce the party into making the contract but do not form part of it
Schawel v Raede
4 weeks prior to concluding a contract seller stated horse was suitable for stud purposes, turned out it wasn’t, held to be a warrenty
Routledge v McCkay
mistaken statement as to the age of a motorbike, held not to be a warranty as seller was honest at all times, unlike seller in Schawel who was not
Hummingbird Motors v Hobbs
D signed declaration that mileage was correct to the best of his knowledge, turned out barometer was incorrect, held no warranty as D had no reasonable basis to believe statement was incorrect
Oscar Chess v Williams
private sale of car, seller stated from logbook it was 1938 model, was actually 1939, buyer sued for breach of warranty, held seller only had logbook to go by, he was not an expert of cars therefore was not giving warranty
Dick Bentley Productions v Harold Motors
dealer sold car to individual stating mileage was much lower than what it was, deemed to be a warranty as dealer had special knowledge and skill which would make the buyer assume it is correct
Carey v Independent Newspapers
P was told she could have flexible working arrangements, held to be a warranty as she would not have entered into the employment contract unless it was on this basis
Bannerman v White
P agreed to purchase hops to make beer, stated he would not buy if it was treated with sulphor, D held it wasn’t but turned out it was, held to be a warranty as the importance of the term was crucial to the concluding of the contract
Re Moore v Landaver
clause which stated there were 30 pieces of fruit in a tin was a condition, therefore when the quantity of fruit ordered was delivered in tins of 24 the buyer was entitled to terminate the contract despite there being no actual loss
Re Arcos
timber purchased was delivered 1/16th thicker than stated in the condition, buyer entitled to terminate agreement
Hong Kong Firs v Kirwaski
if a breach of an innominate term deprives the party of substantially the whole benefit of the contract, then the injured party could repudiate the contract
The Gregos
a clause that a vessel would be redelivered at the end of the time of the charter was an innominate term as this could be an extreme delay of days or weeks of itW could be as few as minutes or hours
Westpark Investments v Leisureworld
D was guaranteed several spaces in a carpark under lease agreement, agreement to lower this number during construction works, works never completed, D sued for breach of condition, HKF applied, held there was still a substantial benefit from the contract ()lease from P which he operated entertainment centre, not a breach of a condition entitling to repudiation of contract but rather remedy was damages
Clark
a rigorous analysis of the words used, viewed on an objective basis within the context of the factual matrix which the contract was concluded
Woods v Capita Insurance Services; Lord Hodge
where there are rival meanings, the court can give weight to the one that makes more business sense
Law Society v MIBI
O’Donnell J favoured factual matrix approach stating the courts must consider not just the words used but also the specific context, the broader context
McDermott
O’Donnell j’s acceptance of 5 principles suggests that contextualism has decisively won out over textualism in this jurisdiction
Jackie Greene Construction v IRBC
Clarke J emphasised the importance of interpreting words in their context stating it is ‘important to give due recognition to the text of the document and the context in which the words used in the measure were chosen
King v Ulster Bank
Cooke J cautioned the factual matrix approach should only be used when there are clear ambiguities
O’Reilly v Irish Press
contract for sub-editor at issue, alleged that it was customary for people in newspaper industry to be entitled to 6mts notice prior to dismissal, not accepted, for an implied term the custom must be well known and generally acquiesced in
O’Connaill v Gaelic Echo
held an implied term could be incorporated by custom for reporters being entitled to holiday pay
The Moorecock
agreement for P to dock his ship at D’s jetty, ship damaged on uneven docking bed, no provision in the contract for D being responsible for the vessel’s safety in the jetty, held implied term the jetty would be safe/reasonable care would be taken as this must have been intended by all parties
Murphy v Pye
P were retained to sell premises for D, D sold it themselves, P claimed there was an implied term that D wouldn’t sell the premises as it would deprive them of their commission, held no requirement to imply such a term for business efficacy and even if so the express terms dealt with the matter of commission
Grehan v Maynooth Business Campus
dispute re defective surface of underground carpark, argued there was an implied term it was to be done of a high standard, court refused to imply term on the basis the contract provided an express term outlining the standard
