Contract

Question 1

Difference between a term and representation?

Answer 1

Breach of a term is a breach of contract which results in damages. Misrepresentation, not a breach of contract but there may be a remedy in the law of misrepresentation

Question 2

Things that are important in determining when something is a term or a representation.

Answer 2

Importance of statement, timing of statement, reduction of the contract into writing, special knowledge or skill of the person making the statement, assumption of responsibility

Question 3

Assumption of responsibility and terms

Answer 3

Don’t worry its fine you don’t need to check - that is now a term

Question 4

How are express terms incorporated?

Answer 4

Signed written contract, by notice (remember tickets are produced after the contract has been agreed) incorporation by a course of dealing (regularness) other ways such as verbally or in email

Question 5

Entire agreement clause

Answer 5

A boilerplate clause used to say that the parties agree to everything in the contract and everything before it is not relevant. They rule out oral representations and oral terms. Does not mitigate liability for misrepresentation

Question 6

Implied term by fact?

Answer 6

Think business customs and well known customs of particular trades. Dealings of course between the parties which are consistent and regular.

Question 7

Implied terms by statute, supply of goods and services act:

Answer 7

Reasonable care and skill, reasonable time, reasonable consideration for the service

Question 8

Contracts entered into before what date are covered by the Sale of Goods Act and Supply of Goods and Services Act and Unfair Contract terms Act?

Answer 8

1 October 2015

Question 9

Consumer rights act:

Answer 9

Goods or digital content or service of satisfactory quality, reasonably fit for purpose, match description, performed with reasonable care and skill, reasonable price to be paid (service), reasonable time (service

Question 10

Remedies for goods under consumer rights act:

Answer 10

Short term right to reject (30 days), right to repair or replacement, right to a price reduction or the final right to reject (within 6 months with no deduction for use (doesn’t apply to motor vehicles)). For digital content there is no right to reject.

Question 11

Can a consumer treat a contract as at an end as a result of breach the terms under the CRA 2015?

Answer 11

No

Question 12

Difference between conditions and warranty

Answer 12

Breach of conditions = contract repudiated and damages (contract can be reaffirmed), Breach of warranty is only damages

Question 13

Innominate terms

Answer 13

Can a breach deprive an innocent party of the whole benefit of the contract (the term could be broad)? If yes, condition, if no warranty (remedy relates more to the breach than the term)

Question 14

Time is of the essence clause

Answer 14

Lateness can be a repudiatory breach

Question 15

Ambiguous exclusion clauses and court decisions

Answer 15

Normally go against the person trying to rely on them (mainly for total liability not partial). Not normally applied to commercial contracts of equal bargaining power