Contract Law - Terms (1) Cases

Question 1

A condition is said to go to the root of the contract.

Answer 1

Poussard v Spiers and Pond

Question 2

There is no right for the unjured party to repudiate the contract in a warranty is breached.

Answer 2

Bettini v Gye

Question 3

Innominate term - many terms in contracts are not clearly either a condition or warranty until the breach of that term has occurred.

Answer 3

Hong Kong Fir Shipping Co. Ltd v Kawasaki Kisen Kaisha Ltd

Question 4

The importance attached to the representation - where the statement is obviously important to the contract, it will be seen as a term of the contract.

Answer 4

Couchman v Hill

Question 5

Special knowledge or skill of the person making the statement.

Answer 5

Dick Bentley v Harold Smith Motors

Question 6

Time lag - where a contract is made later and does not refer to the statement, it is likely that the statement does not become a term of the contract.

Answer 6

Routledge v Mackay

Question 7

Business efficacy test.

Answer 7

The Moorcock

Question 8

The Officious Bystander Test - Terms will not be implied if the parties would have never have agreed to them had they thought about them.

Answer 8

Shell UK Ltd v Lostock Garage Ltd

Question 9

The Officious Bystander Test - Reasonableness is to be judged objectively, in considering what the parties would have agreed.

Answer 9

Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd

Question 10

Sometimes terms may be implied by custom.

Answer 10

Hutton v Warren

Question 11

The prior conduct of the parties my indicate terms to be implied. `

Answer 11

Hillas v Arcos