Notes Term Or Representation Flashcards
(5 cards)
Why is parole evidence considered?
Where a written contract is entered into and the statement is not included in the contract it is unlikely to be a contractual term.
Why are expertise important when determining if it is a term or representation?
If the representor has the greater knowledge it is likely to be a term (Dick Bentley) and if the representee has the greater knowledge it is likely to be a representation (Oscar Chess).
Why is the importance of the statement important?
Where they’re informed of the importance of the statement it is likely to be a term (Bannerman v White - hops; Schawel v Reade - horse).
Why is timing important for a term or representation?
The longer the lapse of time between making the statement and the contract being formed the more likely it is to be a representation (Routledge v McKay).
What must you consider when determining whether a statement is a term or a representation?
- the parole evidence rule
- relative expertise of the parties
- importance of the statement
- time
