Content of a Contract: Incorporation & Classification

Question 2

What was the significance of Poussard v Spiers?

Answer 2

The lead actress had to perform; it was a condition of the contract.

Question 3

What was the ruling in Bettini v Gye regarding rehearsals?

Answer 3

Not attending rehearsals was considered just a warranty; the contract was not broken.

Question 4

What does Hong Kong Fir Shipping v Kawasaki Kisen Kaisha illustrate about innominate terms?

Answer 4

Innominate terms require assessing the severity of the breach; in this case, the ship was repaired for 18 weeks out of 2 years.

Question 5

Couchman v Hill

Answer 5

Cow being pregnant was important to buyer so it was a term.

Question 6

Oscar Chess v William

Answer 6

Car’s age not a term as D was just a private seller, not expert.

Question 7

Dick Bentley v Harold Smith Motors

Answer 7

Term from car dealer as he shouldn’t have known correct mileage.

Question 8

Routledge v Mackay

Answer 8

Just a statement as he had time to check age of motorbike.

Question 9

Schawel v Reade

Answer 9

Business efficacy - term about fitness to stud was necessary to contract.

Question 10

Shell v Lostock Garage

Answer 10

Officious bystander wouldn’t expect clause restricting trade.

Question 11

Marks and Spencer v BNP Paribas

Answer 11

Officious bystander argument over payment of rent when ending lease.

Question 12

Hutton v Warren

Answer 12

Local customs meant farmer could get allowance.

Question 13

Hillas v Arcos

Answer 13

Timber contract implied to contain same terms as last time.

Question 14

Duffy v NUFC

Answer 14

No seat guarantee as spoken conflicted with written terms