Express and Implied Terms of the Contract Flashcards
(27 cards)
What are the categories of statements in contract law?
Puffs, Representations, Terms
What case established the concept of ‘puffs’ in contract law?
Oscar Chess v Williams
In Oscar Chess v Williams, what was the main issue regarding the car’s manufacture year?
The logbook stated it was a 1948 manufacturer, but it turned out to be pre-war.
What was the outcome of the Oscar Chess v Williams case?
The court held it was a representation, not a term of the contract.
What case involved a grower who treated hops with sulphur?
Bannerman v White
In Bannerman v White, why did the middleman sue the grower?
The grower promised the hops were not treated with sulphur, but some were.
What is the difference between a condition and a warranty in contract law?
A breach of a condition allows termination, while a warranty does not.
What case exemplifies the distinction between conditions and warranties?
Schuler AG v Wickman Machine Tools Ltd
What is an ‘innominate term’?
A term that can be treated as either a condition or warranty, depending on the impact of its breach.
Which case is associated with the concept of innominate terms?
The Hong Kong Fir
What are express terms in a contract?
Terms specified by the parties in the contract.
What are implied terms?
Terms that the court concludes the parties intended but failed to express.
What statutory act is referenced in relation to implied terms?
Sale of Goods Act 1979
What case involved tenants arguing for implied terms regarding living conditions?
Liverpool City Council v Irwin
In Lister v Romford Ice & Cold Storage, what was the main legal principle established?
Identifying the type of contract is crucial for liability.
What does the case of Miller v Hancock illustrate about landlord responsibilities?
Landlords have an implied duty to maintain access to upper storeys.
What is the significance of trade usage in contract law?
Engaging in a trade may bind parties to customs unless excluded in the contract.
What case demonstrates the limitations of trade usage?
Perry v Barnett
In Hollier v Rambler Motors (AMC) Ltd, what was the court’s finding regarding prior course of dealing?
There was insufficient regularity to establish a course of dealing.
What is the ‘Moorcock’ test in contract law?
It determines whether an implied term is necessary for business efficacy.
What is the Officious Bystander test?
A test to determine if a term is so obvious it goes without saying.
What case involved the concept of implied terms in agency agreements?
Shirlaw v Southern Foundries
What was the outcome in Belize Telecom regarding implied terms?
The court refused to imply a term about the removal of directors.
Fill in the blank: A breach of a _______ allows the other party to terminate the contract.
condition
