Contract Law - Terms Flashcards
Birch v paramount estate
If the representation was important, it is an expressed term
Bannerman v white
When a stement is so important a contract can’t be performed without it, it is considered a term
Oscar chess v Williams
Special skill or knowledge of the person making the statement will be taken into consideration as to whether it’s a binding term
Define a representation
A statement made to entice into a contract
Ecay v Godfrey
If the individual making the statement takes responsibility for the truth of the statement then it is more likely to be considered a term
Routledge v mckay
The amount of time between the statement and the formation of the contract will be considered
Henderson v Arthur
If a contract is entirely written these terms are final (express terms only)
Lestrange v graucob
If a party has signed the contract, the terms are binding even if not read
The moorcock
A term will only be implied to allow contract to be adhered to- business efficacy
Shirlaw v southern foundries
Officious bystander test - Implied term be so obvious it goes without saying
Implied term by fact 3rd point
A term will not be implied if it contradicts the rest of the contract
Poussard v spiers and pond
Breach of a condition leads to repudiation
Bettini v gye
Warranty is usually a description, only allows damages
Hong Kong fir v Kawasaki
Inominate term is any other term and remedy decided based off injury
