Contents of a contract Flashcards
What is the difference between conditions and warranties?
Conditions are more important terms who’s breach will result in option to terminate the contract.
Warranties are more minor terms who’s breach constitutes damages
What are innominate terms?
The severity of breach can mean condition or warranty
What is required for express terms to be incorporated into a contract?
Signature, reasonable notice, or previous course of dealings.
What scenarios may create implied terms in the contract.
1) Implied by customs
2) Implied by fact (unworkable without term)
3) Implied by law
4) Implied by statute
What 3 hurdles must exemption clauses get over?
1) Incorporation
2) Construction
3) UCTA 1997
What must be satisfied for incorporation and construction of exemption clause ?
Must be incorporated through signature, reasonable notice or previous consistent dealings.
And construction is whether that particular exemption clause is intended to exclude that particular breach.
What contracts does UCTA exempt liability for?
1) Loss or damage (other then death) by negligence
2) Breach of statutory implied terms relating to goods
3) Breach of express terms in standard written terms
What is the UCTA reasonableness test?
1) Relevant strength of bargaining positions
2) Did customer have option to choose similar contract without exemption
3) Did they know of the clause
4) Reasonable to expect compliance
What types of contracts does the consumer rights act 2015 cover?
Business - to - consumer contracts .
The terms in a sale contract are not binding on consumer to extent they would….
- Exclude or restrict right to remedy in respect of breach of ss9-11
- make such a right restrictive or onerous
- allow a trader to put person at a disadvantage as a result of pursue such a right or remedy
