Contract terms (General consumer)

Question 1

What is a condition ?

Answer 1

Terms central to a contract, breaking these are serious breaches which can cause the contract to end

Question 2

What Case shows us an example of conditions ?

Answer 2

Poussard v Spiers & Pond (1876)

Question 3

What is Warranty ?

Answer 3

Minor terms in a contract where breach of which couldn’t break the whole contract as it is not the contracts main purpose

Question 4

What case gives us an example of warranty ?

Answer 4

Bettini v Gye (1876)

Question 5

What are Innominate terms ?

Answer 5

Terms that are clearly not Indeterminate (consequences vary)

Question 6

What case gives us an example of Innominate terms ?

Answer 6

Hong Kong Fir (1962)

Question 7

What is mere representation ?

Answer 7

Sometimes called a ‘mere puff’ statements made that might be opinions or additional information that don’t form terms of the contract

Question 8

What are implied terms ?

Answer 8

Terms that can be implied without being explicitly stated, these are usually set out in common-law

Question 9

What terms are implied by common law ?

Answer 9

Business efficiency

Officious bystander test

Implied through custom