04 Terms Flashcards
Adequate Notice: Adequate notice must be given when notice of a term is in a document, notice or reference. The notice must be given at or before contract formation, in a document intended to have contractual effect, and reasonable [1971]…
Thornton v Shoe Lane Parking
Lord Denning: ‘The more unreasonable a clause is, the greater the notice that must be given to it’. [1989]…
Interfoto Picture Library v Stiletto Visual Programmes
Officious Bystander Test for Implied Terms: A term implied in fact is something so obvious it goes without saying and is recognisable by the Officious Bystander [1926]…
Shirlaw v Southern Foundries
Implied Terms: Implying terms in fact is an exercise in the construction of the contract as a whole. A term implied in fact cannot contradict an express term [2009]…
AG of Belize v Belize Telecom
Implied Terms: Example of a case where a term was implied [1977]…
Liverpool CC v Irwin
Implied Terms: A term implied into health authorities is that the employer will provide safe premises and take reasonable care not to endanger the employee’s health [1992]…
Johnstone v Bloomsbury Health Authority
Implied Terms: 3 considerations must be made when implying terms in law [2004]…
Crossley v Faithful & Gould Holdings
Implied Terms: Parties cannot generally agree to exclude terms implied by law [1992]…
Johnstone v Bloomsbury Health Authority
*Interpretation of Terms: The overall aim of interpretation is the, “ascertainment of the meaning which the document would convey to a reasonable person having all the background knowledge which would reasonably have been available to the parties in the situation in which they were at the time of the contract.” Lord Hoffmann [1998]…
Investors Compensation Scheme v West Bromwich
Interpretation of Terms: Demonstrates the clash between literal and purposive approaches to construction [2010]…
Pink Floyd v EMI
Incorporation of Terms: A person is bound to the terms of a contract once they have signed them, whether or not they have read or understood them [1934]…
L’Estrange v Graucob
