Content Of A Contract

Question 0

What makes a statement a term?

Answer 0

The intention that the statement be a contractual term

Question 1

What are the two possible treatments of a statement made during the forming of a contract?

Answer 1

Term

Representation

Question 2

Factors establishing intention of a statement to be considered a term:

Answer 2

1) accepted responsibility for the soundness of the statement
2) importance attached to the statement
3) special knowledge to the matter in question
4) where one party relied upon the other

Question 3

From where is the intention of the parties deduced?

Answer 3

The totality of evidence

Question 4

What is the parole evidence rule?

Answer 4

Where the document is written it is the sole source of the terms

Question 5

How are terms implied by a court?

Answer 5

Common law

Statute

Question 6

What are innominate terms?

Answer 6

A new category of terms. Neither conditions nor warranties

Question 7

What is another word for innominate terms?

Answer 7

Intermediate terms?

Question 8

How does a fundamental breach apply?

Answer 8

Through breach of an important term
Or
A breach which deprived the other of a the whole benefit of the contract