Contract Terms Flashcards
General Terms
Condition
A condition so important that failure to carry put would destroy main purpose/root of contract
Poussard v Spiers and Pond
General Terms
Warranty
only damages if the main purpose of the contract can still continue to occur
Bettini v Gye
General Terms
Innominate term
not clear if condition or warranty until breach
Hong Kong Fir Shipping v Kawasaki Kisen Kaisha
General Terms
Difference between term and representation
Importance/reliance attached to statement
Couchman v HIll
General Terms
Difference between term and representation
Special knowledge or skill of person making the statement
Dick Bentley v Harold Smith Motors
General Terms
Difference between term and representation
Time lag between statement and formation of contract
Routledge v Mackay
General terms
Implied by common law or statute
Business to business contracts
Sale of goods act 1976
Sale of goods and services act 1982
General terms
Implied by common law or statute
Business to consumer contracts
Consumer rights act 2015
General terms
Implied by common law
By custom
Hutton v warren
General terms
Implied by common law
Implied by prior dealing
Hillas v Arcos
General terms
Implied by common law
The business efficacy test
The moorcock
General terms
Implied by common law
The officious bystander
Shirlaw and southern foundries
Specific terms Act
Consumer rights act 2015
Specific terms
Act applies to consumer and trader
Section 2
Specific terms
Act applies in sale, hire, hire purchase, transfer
Section 3(2)
Specific terms
Goods are of satisfactory quality
Section 9
Specific terms
Goods are of satisfactory quality
Definition
9(1)
Specific terms
Goods are of satisfactory quality
Meeting standards that a reasonable person would consider
Accounting for…
9(2)
Specific terms
Goods are of satisfactory quality
Fitness and durability
9(3)
Specific terms
Goods are fit for particular purchase
S10
Baldry v Marshall
Specific terms
Goods will match the description
S11(1)
Beale and Taylor
Specific terms
Goods will match the description
If goods change from description the consumer must agree
S11(5)
Specific terms
Remedies for s9,10,11
overview
S19
Specific terms
Remedies for s9,10,11
Short term right to reject
S20
Specific terms
Remedies for s9,10,11
Right to repair or replacement
S23
Specific terms
Remedies for s9,10,11
Right to a price reduction or Final right to reject
S24
Specific terms
Supply services
Service performed with reasonable care and skill
S49
Thake v Maurice
Specific terms
Supply services
Service to be performed within a reasonable time
S52
Specific terms
Supply services
S49,52 remedies
Repeat performance
S55
Specific terms
Supply services
S49,52 remedies
Price reduction
S56
