Ch 4- Content Of A Contract

Question 1

How to differentiate between terms and representations?

Answer 1

Term -
1. Statement is of importance such that promisee wouldn’t enter a contract without it.
2. Statement is made from expert opinions.

Representations -
1. Time gap between statement and contract formation.
2. Oral statement is later omitted from a written contract.

Question 2

What is a condition term?

Answer 2

It is the fundamental part of a contract. It gives you the right to cancel the contract and sue for damages.

Question 3

What is a warranty term?

Answer 3

It is a term that is used as collateral to the main purpose of the contract. Any breach of the warranty term wont let you terminate the contract but it will allow you to claim or sue for damages.

Question 4

Define innominate term?

Answer 4

Innominate term are those terms that cannot be classified as condition or warranty terms until breached.

Question 5

How is an expressed term different from an implied term?

Answer 5

An expressed term is formulated through written or oral contracts whereas an implied term consists of terms that aren’t agreed by either of the parties but those that can be incorporated into the contract.

Question 6

When does a contra proferentum rule apply?

Answer 6

Contra proferentum rule is applicable when a clause is made too complicated or vague.

Question 7

What is the UCTA ?

Answer 7

UCTA is the unfair contract terms act 1977.