#CL - terms (express and implied)

Question 1

what is an express term

Answer 1

what parties agree on

Question 2

what is an implied term

Answer 2

what facts/ law put into a contract automatically

Question 3

how do facts imply terms

Answer 3

customs traditionally put in

previous dealings = if party makes contract twice it is to remain the same unless expressly changed

Question 4

what are the two tests common law has introduced fro implied terms

Answer 4

business efficacy test

officious bystander

Question 5

business efficacy test is -

Answer 5

looks at whether a contract would work without it
is term needed ?
would parties have agreed to it ?

Question 6

what is the officious bystander

Answer 6

some terms are so obvious that they do not need stating, obviously would have agreed if mentioned

Question 7

what is rule for consumer consumer relationships

Answer 7

buyer beware ( caveat empior )

Question 8

what is the laws for trader trader relationships

Answer 8

SOGA 1979- sale of goods act

SGSA 1982- sale of goods and services act

Question 9

what are the sections to SOGA 1979

Answer 9

S13- as described
s14 (2)- satisfactory quality, durable, minor defects, safety
s14 (3)- fit for purpose ( including what you ask for )

Question 10

what are the sections under the SGSA 1982

Answer 10

3Rs
S13- good care and skill
S14- Time
S-Price

Question 11

what is the act that applies to consumer and traders

Answer 11

consumer rights act (CRA 2015)

Question 12

what are the CRA rules on goods

Answer 12

s9- reasonable man (satisfactory)
s10-fit for purpose
s11-as described (staff/ packaging/ display)

Question 13

what are the CRA rules on services

Answer 13

s49- reasonable care and skill

s52- reasonable time

Question 14

what are the remedies under CRA

Answer 14

s20- refund before 30 days
s23-repaired or replaced
s24-reduction

Services
re do or a refund

Question 15

what are trade puffs

Answer 15

adverts which are an exaggeration.clearly aren’t serious so aren’t terms of a contract

Question 16

what do we look at to see whether representational statements are terms of a contract

Answer 16

are they important to parties
are there experts negotiating
time log between saying and making contract
is it a written contract

Question 17

what are conditions

Answer 17

central to contract

repudiate contract if broken

Question 18

what are warranties

Answer 18

minor terms and if they are broken you can get compensation

Question 19

what are innominate terms

Answer 19

in-between warranties and conditions. if broken is it enough to call off the contract.

Question 20

Poussard v Spiers and pond

Answer 20

her presence was central to contract. they could repudiate for her not attending

Question 21

bettini v gye

Answer 21

rehearsals were not central so not condition to the contract broken

Question 22

Hong Kong Fir v Kawasaki Kisen Kaisha ltd

Answer 22

not all contracts are as simple as as terms and warranties and are more complex.

Question 23

Couchman v Hill

Answer 23

statement was clearly important to purchser of animal so taken as term more than representation

Question 24

Oscar Chess v Williams

Answer 24

private seller of car believed it to be 1948 model but in-fact it was much older. just representation.

Question 25

Dick Bentley v Harold Smith

Answer 25

misleading mileage of car was term rather then mere statement

Question 26

Routledge v Mackay

Answer 26

it was presumed that the actual date of manufacture was not as important as a written contract.

Question 27

The moorcock

Answer 27

implied term that the ship would be safe mooring and it would not be damaged

Question 28

Schawel v Reade

Answer 28

implied term in the contract that the horse would be fit to stud

Question 29

Hillas v Acros

Answer 29

option term lacked detail but still taken as term of a contract

Question 30

Hutton v Warren

Answer 30

Local custom mean’t that farmer was enitled to allowance for seed and labour of land

Question 31

Hollier v rambler motors

Answer 31

failure to sign document on one occasion did not prevent those terms from being enacted.

Question 32

shell Uk ltd v lostock garages

Answer 32

argued that there was a term that shell should not unfairly discrimate against them- not term as shell would never have agreed

Question 33

egan v static control components

Answer 33

reasonable person would think the guarantee would apply to both current and future debts

Question 34

M&S v BNP securities services trust company

Answer 34

case which set out current court controls on implied terms.

Question 35

Re moore & co and landauer & co arbitration

Answer 35

although total number of tins was correct, there was a breach in contract as they were packed incorrectly.

Question 36

Beale v Taylor

Answer 36

description applies to all contracted items

Question 37

Baldry v Marshall

Answer 37

if you make clear the purpose then it should be fit for that purpose

Question 38

thake v maurice

Answer 38

should be of competent skill. the vasectomy was done of high standard so the claim was unsuccessful

Question 39

Wilson v Best travel

Answer 39

s13- tour operator should not offer out rooms which could not be stayed in safely