Contract Terms

Question 1

Bettini v Gye

Answer 1

WARRANTY (B entered contract to perform for three months however missed 6 days of rehearsal, employer was not entitled to end the contract)

Question 2

Poussard v Spiers

Answer 2

CONDITION (P entered contract to perform for three months however became ill and was unable to perform, she was in breach on condition and contract ended)

Question 3

Hong Kong Fir Shipping

Answer 3

INNOMINATE TERMS (a ‘seaworthy’ ship was leased to D and later found out it was not seaworthy, D was liable for wrongful repudiation as term was not a condition)

Question 4

Dick Bentley v Harold

Answer 4

SPECIAL SKILL/KNOWLEDGE (Harold, a car trader specialist, miss sold a car with 20,000 miles in fact had 100,000 miles)

Question 5

Couchman v Hill

Answer 5

IMPORTANCE ATTACHED (auction catalogue stated cows were not pregnant when they were)

Question 6

Routledge v Mackay

Answer 6

TIME LAG & WRITTEN CONTRACT (C part exchange a bike + £30, bike was sold as a 1942 model was actually 1936)

Question 7

Rogers v Parish

Answer 7

SECTION 9 (B brought new range rover for £16k, which suffered minor defects)

Question 8

Baldry v Marshall

Answer 8

SECTION 10 (Plaintiff asked D for a car suitable for touring purposes which turned out to be unsuitable - this was a breach of condition)

Question 9

Re Moore

Answer 9

SECTION 11 (contract for 3,100 crates of tinned peaches stated each crates had 30 tins, in fact had 24)

Question 10

Thake v Maurice

Answer 10

SECTION 49 (husband undertook a vasectomy however wife ended up getting pregnant)