Contract Terms^

Question 1

Term

Answer 1

what makes up the agreement

Question 2

Representation

Answer 2

statement
anything outside the terms

Question 3

Term Or Representation

Answer 3

sometimes a statement amounts to a term if
- Importance attached: R imp to buy or not
- Special skills or knowledge: of P making the diff
- Time Lag: between making the contract and the statement
- Written Agreement: anything outside of it is not seen as imp enough

Question 4

Oscar Chess V Williams

Answer 4

The statement was not a term, just a representation as the seller did not have special knowledge

Question 5

Dick Bentley V Harold Smith Motors

Answer 5

The statement is a term as the seller should have had special knowledge to be correct

Question 6

Routledge V McKay

Answer 6

if there is a gap between making the statement and contract then it will likely be a representation

Question 7

Condition Terms

Answer 7

The most important part of the contract/ at the heart of the contract
Repudiation
- if breached it will end the contract completely

Question 8

Poussard V Spiers & Pond

Answer 8

Didn’t complete the condition so the contract repudiated

Question 9

Warranty Terms

Answer 9

Minor term that does not end the contract
But one party can claim damages if the other breaches a warranty

Question 10

Bettini V Gye

Answer 10

considered just a warranty as didn’t breach the central condition

Question 11

Innominate Terms

Answer 11

In the middle of warranty and condition
Depend on the consequences to decide which one it is

Question 12

Hong Kong Shipping Co

Answer 12

Considered only a warranty as didn’t take away the whole benefit of the contract

Question 13

Express Terms

Answer 13

specifically agreed and in the contract

Question 14

Common Law Application

Answer 14

Implied terms of contract
Through business efficacy
- The Moorcock
Parties forgot to speak about but if they have, they would have agreed
and the officious bystander test
- “Something so obvious, it goes without saying”
By custom or prior dealing with the parties

Question 15

Statute Law Application

Answer 15

implied terms of contract
Consumer Rights Act 2015
Passed to protect the consumer
Implied different terms to a contract
- The right to a satisfactory quality: the standard that a reasonable person would consider satisfactory
- The right to fit for purpose: the consumer told the seller the purpose for the buy, so expect the item to be fit for it
- The right relating to description: whatever you are buying must match the description (Beale V Taylor)

Question 16

Remedies

Answer 16

implied terms of contract
Rejection
- Short term right, within 30 days after delivery (Full refund)
Repair Or Replacement
- Consumer can order for their goods to be repaired or replaced
- Any cost will be covered on the consumer’s behalf
Price Reduction
- Goods are faulty so get % off cost

Question 17

Implied Terms of Service

Answer 17

In Consumer Rights Act 2015
Employ someone for a job
- With reasonable care and skill (Thake V Maurice)
Performance will be within a reasonable time
Remedies
- Right to demand a repeat of performance
- The right to a price reduction