Contract Law Second Term - TERMS Flashcards
what doctrine, the principal architect of which was Denning, was overruled as no longer needed due to UCTA in Photo Production Ltd v Securicor Transport Ltd?
doctrine of fundamental breach
St Albans City & District Council v International Computers Ltd
Insurance cover £50 mil, £100,000 (s.11(4))
liverpool City Council v Irwin
Breach of landlord duty, common ground
How many terms are in Sch.2(1) UTCCR?
17
Curtis v Chemical Cleaning & Dyeing Co Ltd
Wedding dress
what action of UCTA gives its scope?
s.2
What Regulation exempts certain contracts under UTCCR?
Reg.4(2)(a) and (b)
Thompson v LM & S Railway Co
Timetable, low threshold of notice required (had to buy etc)
What did Steyn say in FNB about significant imbalance under Reg.5(1)?
Means substantive unfairness
what is a criticism of Hollier v Rambler Motors?
not giving effect to intentions of the parties
when will collateral contracts/terms add to the document containing all terms?
if the 2 stage test is satisfied - intention, and causation (but for the collateral terms, would they have entered into the contract)
what did Hoffman say about the common law methods of controlling exemption clauses prior to UCTA in Bank of Credit and Commerce SA v Ali?
‘judicial creativity bordering on judicial legislation’
What is the outcome of UTCCR?
Invalidates all unfair non-core terms
What is the main difference between OFT v Ashbourne and FNB?
Former found unreasonable and latter reasonable
L Harris (Harella) Ltd v Continental Express ltd v Burn Transit Ltd
No express exemption, but wide enough to cover NGL
what did Lord Bridge say of importance in Scally v Southern Health and Social Services Board?
only appropriate for ‘circumstances postulated’, giving a narrow implied term to the facts of the case only
parker v SE railway co
briefcase, can make presumptions (e.g. of literacy)
two cases on implication of terms by law
Shell (UK) Ltd v Lostock Garage Ltd, Lister v Romford Ice & Cold Storage Co Ltd
which case regarded the test in A-G of Belize v Belize Telecom Ltd cautiously?
The Reborn, considering it a reformation, not a revolution, but too much latitude to judges to choose missing term
what three cases show how to distinguish between terms and representations?
Oscar Chess Ltd v Williams; Dick Bentley Productions Ltd v Harold Smith (Motors) Ltd; Esso Petroleum Co Ltd v Mardon
who said ‘standard terms of business’ for s.3 UCTA is a matter of ‘fact and degree’; something on which they ‘habitually contract’?
Stannard J
what are the two advantages of standard form contracts?
reduce costs and raise consistency
What is contra proferentum?
Ambiguity in a term is interpreted against the person seeking to rely on it
what did Parke B in Hutton v Warren say about implication of terms by custom?
There needs to be ‘known usage but not necessarily known to the parties’