Express Terms

Question 1

Routledge v McKay

Answer 1

1939 > 1941

The statement was not incorporated in the contract due to the length of the interval between the negotiations and the date of the contract.

Question 2

Bannerman v White

Answer 2

Stipulation regarding the sulphur amounted to a condition, the contract had therefore been breached.

Question 3

Couchman v Hill

Answer 3

The documents were only part of the contract, the oral assurances were part of the other terms of the contract.

Question 4

Oscar Chess Ltd v Williams

Answer 4

1939 model > 1948 Morris 10

No breach of a term of the contract as the defendant had no expertise or special knowledge.

Question 5

Dick Bentley Ltd v Harold Smith (Motors) Ltd

Answer 5

20,000 miles > 100,000 miles

Succeed since the claimant relied on the special knowledge of the dealers in stating the mileage.

Question 6

Birch v Paramount Estates (Liverpool) Ltd

Answer 6

The court considered the earlier oral statement and later written agreement as being part of one united contract.

Assurance that it would be ‘as good as the show house’ is to be so central to the agreement that it had been incorporated in the contract.