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Flashcards in Express Terms Deck (25):

What are the statements made in negotiations?



What is a puff?

A boastful statement made in advertising


Case related to puffs

Dimmock v Hallet


Facts of Dimmock v Hallet

During the sale of land D described it as 'fertile and improbable'


Outcome of Dimmock v Hallet

Court held this was a puff not a representation


What is a representation?

A statement which induces a party into a contract


What factors distinguish terms and representations?

Time lapse
If it is in the contract
The importance is has to a party
If the statement was made with specialist knowledge or skill


What case is related to the term being in the contract?

J Evans and Sons LTD v Andrea Mezario


Facts of J Evans and Sons LTD v Andrea Mezario

The parties had a verbal agreement D would transport the cargo below deck
Due to miscommunication with D's workers this didn't happen and cargo was lost to sea
C sought damages


Outcome of J Evans and Sons LTD v Andrea Mezario

D tried to argue that there was not contract because it was the term was stated orally
Court held term could be written or verbal and damages were to be paid


What case is related to importance of term?

Bannerman v White


Facts of Bannerman v White

D explicitly stated he could not buy hops treated with sulphur
C said they were not (he didn't know this)
After purchase D found out they had been treated and repudiated the contract
C attempted to sue saying it was a representation not a term


Outcome of Bannerman v White

The court held because it was of importance to D that it was considered a term. Therefore D could repudiate and terminate the contract


What case is related to the statement being made with specialist knowledge/skill?

Dick Bentley Productions Ltd v Harold Smith


Facts of Dick Bentley Productions Ltd v Harold Smith

C asked D to source a 'well vetted' Bentley.
D said it has done 20,000 miles with the new engine
It had in fact done 100,000
C sued when D would not pay


Outcome of Dick Bentley Productions Ltd v Harold Smith

The court held because the term required the specialist knowledge of D and the term was based on this D could repudiate the contract


What categories are terms broken into?

Innominate terms


What is a condition? Remedy available?

Most serious breach. Contract cannot be continued if broken. Can rely on any remedy


What case is relevant to conditions?

Poussard v Speirs


Facts of Poussard v Speirs

C was contracted to perform live shows
She was taken ill and unable to perform several
Understudy took her place
She sued for breach of contract


Outcome of Poussard v Speirs

Claim failed
This was held to be a breach of condition because the contract could not continue without her
D was entitled to repudiate and terminate contract


What is a warranty? What remedies are available?

Less severe than a breach because the contract will still be able to resume so damages are only available


Case related to warranties

Bettini v Gye


Facts of Bettini v Gye

Singer was contracted
Contract stated he must attend rehearsals 6 days prior to live shows
He attended 1/2
He was replaced then attempted to sue


Outcome of Bettini v Gye

His claim was successful and he was entitled to damages
The court held the terms of the contract could have been fulfilled despite him missing rehearsals