Terms Flashcards
Halibut, Symons & Co v Buckleton
Common law definition of term
Oscar Chess Ltd v Williams
Contractual test is objective
False statements made by private/unskilled sellers are more likely to be representations
J Evans and Son v Mezario
Contracts can be part written and part oral
L’Estrange v Graucob
Incorporation by signature (regardless of whether term has been read)
Bannerman v White
More important statements are more likely to be terms
Birch v Paramount Estates Couchman v Hill
Examples of important statements = terms
Dick Bentley Productions v Harold Smith (Motors)
Statements made with specialist skill and knowledge may be terms
Schawel v Reade
Assumption of risk by seller likely to be a term
Ecay v Godfrey
Assumption of risk by seller likely to be a term
Inntrepreneur v East Crown
The greater delay between statement and contract, the less likely it is to be a term
Gillespie Bros v Cheney
Parol evidence rule is actually a presumption (not a rule)
Poussard v Spiers
Breach of condition can terminate contract
Bettini v Gye
Breach of warranty does not give right to terminate
Shuler v Wickman Machine Tools
Importance of term determines classification as term or warranty (not labels attached within the contract)
Bensten, Taylor, Sons (No2)
Historically, classification as condition or warranty depended on importance given to them by parties
