Contract Terms

Question 1

General Terms
Condition
A condition so important that failure to carry put would destroy main purpose/root of contract

Answer 1

Poussard v Spiers and Pond

Question 2

General Terms
Warranty
only damages if the main purpose of the contract can still continue to occur

Answer 2

Bettini v Gye

Question 3

General Terms
Innominate term
not clear if condition or warranty until breach

Answer 3

Hong Kong Fir Shipping v Kawasaki Kisen Kaisha

Question 4

General Terms
Difference between term and representation
Importance/reliance attached to statement

Answer 4

Couchman v HIll

Question 5

General Terms
Difference between term and representation
Special knowledge or skill of person making the statement

Answer 5

Dick Bentley v Harold Smith Motors

Question 6

General Terms
Difference between term and representation
Time lag between statement and formation of contract

Answer 6

Routledge v Mackay

Question 7

General terms
Implied by common law or statute
Business to business contracts

Answer 7

Sale of goods act 1976
Sale of goods and services act 1982

Question 8

General terms
Implied by common law or statute
Business to consumer contracts

Answer 8

Consumer rights act 2015

Question 9

General terms
Implied by common law
By custom

Answer 9

Hutton v warren

Question 10

General terms
Implied by common law
Implied by prior dealing

Answer 10

Hillas v Arcos

Question 11

General terms
Implied by common law
The business efficacy test

Answer 11

The moorcock

Question 12

General terms
Implied by common law
The officious bystander

Answer 12

Shirlaw and southern foundries

Question 13

Specific terms Act

Answer 13

Consumer rights act 2015

Question 14

Specific terms
Act applies to consumer and trader

Answer 14

Section 2

Question 15

Specific terms
Act applies in sale, hire, hire purchase, transfer

Answer 15

Section 3(2)

Question 16

Specific terms
Goods are of satisfactory quality

Answer 16

Section 9

Question 17

Specific terms
Goods are of satisfactory quality
Definition

Answer 17

9(1)

Question 18

Specific terms
Goods are of satisfactory quality
Meeting standards that a reasonable person would consider
Accounting for…

Answer 18

9(2)

Question 19

Specific terms
Goods are of satisfactory quality
Fitness and durability

Answer 19

9(3)

Question 20

Specific terms
Goods are fit for particular purchase

Answer 20

S10
Baldry v Marshall

Question 21

Specific terms
Goods will match the description

Answer 21

S11(1)
Beale and Taylor

Question 22

Specific terms
Goods will match the description
If goods change from description the consumer must agree

Answer 22

S11(5)

Question 23

Specific terms
Remedies for s9,10,11
overview

Answer 23

S19

Question 24

Specific terms
Remedies for s9,10,11
Short term right to reject

Answer 24

S20

Question 25

Specific terms Remedies for s9,10,11 Right to repair or replacement

Answer 25

S23

Question 26

Specific terms Remedies for s9,10,11 Right to a price reduction or Final right to reject

Answer 26

S24

Question 27

Specific terms Supply services Service performed with reasonable care and skill

Answer 27

S49 Thake v Maurice

Question 28

Specific terms Supply services Service to be performed within a reasonable time

Answer 28

S52

Question 29

Specific terms Supply services S49,52 remedies Repeat performance

Answer 29

S55

Question 30

Specific terms Supply services S49,52 remedies Price reduction

Answer 30

S56