contract terms

Question 1

what is the difference between a representation and a term

Answer 1

a term is a promise that a pre contractural statement is true and becomes part of the contract. a representation is not a promise bug it is still an inducement.

Question 2

which one of the following pointers is not used at common law to determine whether a pre contractural statement is a term or a representation?

1/ the statement makers special knowledge or exertise
2. the importance of the statement to the person to whom it was said
3. whether the person to whom it was said understood the statement
4. whether the statement maker assumes responsibility

Answer 2

c - understood.

Question 3

true or false? the parole evidence rule raises the presumption when a contract is in writing that the written contract contains all the terms of the contract?

Answer 3

true - raises a presumption when a contract is in writing that the written contract contains all the terms of the contract

Question 4

true or false? when courts interpret contracts, if the parties have used clear language in the contract, the general approsch is that the courts must apply it without considering the context in which it was made.

Answer 4

true - four corners approach.