01. Contractual terms. Flashcards
A pre-contractual statement of some known or provable fact, made with the intention of inducing another person into enter into contract.
Representation.
Representation.
A pre-contractual statement of some known or provable fact, made with the intention of inducing another person into enter into contract.
A statement that a plot of land will support a given size of flock, made by someone WHO HAS NO EXPERIENCE …
will not be deemed a representation.
Freedom of contract.
The principle that parties may include whatever terms they choose within a contract.
The principle that parties may include whatever terms they choose within a contract.
Freedom of contract.
Contractual terms (may / may not) be oral.
may
A term which is not … complete cannot be enforeced.
substantially
A vague but uncrucial term in a contract, for example ‘normal business terms apply’ can be …
disregarded
A contract containing terms which are not specific, including those regarding the hire purchase of motor car …
is not enforceable.
An oral statement that goes to the root of the contract, including a guarantee that a ship will take a direct route or that a dress will not be damaged …
can override a written term in a contract.
Remedy for a party regarding a statement made before a contract is made and NOT becoming one of its terms (either expressly or by implication) lies in …
misrepresentation
Remedy for a party regarding a statement made before a contract is made and then becoming one of its terms (either expressly or by implication) lies in …
breach of contract
A clause within a contract stating the legal jurisdiction which will apply to any potential disputes arising under it.
Governing clause.
Governing clause.
A clause within a contract stating the legal jurisdiction which will apply to any potential disputes arising under it.
The most frequent example of statutorily implied terms within consumer contracts is …
Sale of Goods Legislation
Reasons for judicially implied terms: BE*, TC, CoT
business efficacy
Reasons for judicially implied terms: BE, TC*, CoT
trade custom
Reasons for judicially implied terms: BE, TC, CoT*
course of trade
Terms which are normal in a trade, including payments to departing tenant farmers in respect of work done prior to harvest …
may be judicially implied into contracts.
Terms necessary to give business efficacy, including that a wharf is safe for a ship at low water …
may be judicially implied into contracts.
The implicit acceptance of a breach of a term, including one regarding the quality of wood …
will mean that the term cannot subsequently be interpreted more strictly in the future.
A term implicit in the nature of a contract, such as a right of access to a rented property …
will be judicially implied within the contract.
A situation in which two parties both believe that they have entered into a contract on their own ‘standard form’ terms.
Battle of the forms.
Battle of the forms.
A situation in which two parties both believe that they have entered into a contract on their own ‘standard form’ terms.
If in a ‘battle of the forms’ it is clear that neither party has accepted the other’s terms, for example in the sale of pedal sensors for cars …
the court may deem that the terms implied in the Sale of Goods Act (1979) apply.
A term re … is ALWAYS implied in a contract of sale.
title
If the purpose of a purchase is not specified at the time of contracting, for example hessian or purple rayon cloth …
then the ‘fitness for purpose’ requirments of Sale of Goods legislation will be difficult to enforce.
If the purpose of a purchase is not specified at the time but is overwelmingly implicit in the nature of the product, for example milk or a motor car …
then ‘fitness for purpose’ under Sale of Goods legislation will be enforceable.
If a written contract exists, a party may only rely on orally agreed terms …
if it can be shown that the written document was not intended to comprise all the agreed terms.
