contract law- terms of contract p1

Question 1

what is repudiation

Answer 1

if a condition is broken, the person suffering the failure is entitled to end the contract

Question 2

what are conditions

Answer 2

central to the contract. a failure to perform this obligation would destroy the main purpose of the contract e.g. when you buy a phone you expect it to work

Question 3

what is recission?

Answer 3

equitable remedy when a court places the parties back in their pre-contractual position- poussard v spies and pond (1876)

Question 4

what is a warranty?

Answer 4

a minor term in the contract, that if breached, does not end the contract- Bettini v Bye (1876)- singers role was not central to the performance

Question 5

what is an innominate term?

Answer 5

the court must decide, given the circumstances of the breach whether it is a condition or warranty and apply the appropriate remedies

Question 6

what is a representation

Answer 6

a statement of fact which does not amount to a term of the contract but it is one that the maker of the statement does not guarantee its truth- may amount to misrepresentation

Question 7

how to work out whether a statement is a misrepresentation or a term of contract:

Answer 7

1. the importance attached to i- couchman v hill (1947)
2. special knowledge or skill of the person who made it
3. time lag between making the statement and making the contract
4. whether it is written in the contract or not

Question 8

what is the officious bystander test?

Answer 8

this is a term that is so obvious that it goes without saying

Question 9

sales of goods act 1979- section 13

Answer 9

the implied condition as to description- the goods must correspond to any description applied to them, including how they’re packaged- beale v taylor (1967)

the implied term that the service will be carried out with reasonable care and skill, decided on by a case to case basis

Question 10

sales of goods act 1979- section 14 (2)

Answer 10

the implied condition that the goods are of satisfactory quality

Question 11

sale of goods act 1979- section 14 (3)

Answer 11

the implied condition that the goods are fit for their purpose

Question 12

The Supply of Goods and Services Act 1982

Answer 12

relates to terms set out with respect to carrying out a service with reasonable care and skill within a reasonable time

Question 13

The Supply of Goods and Services Act 1982- section 13

Answer 13

the implied term that the service will be carried out with reasonable care and skill - decided on a case-to case basis