Contract Tutorial #4 - TERMS Flashcards
What is the difference between a term and a mere representation?
both start out by being any statement made by a party that have been relied on by the other party.
a term is one of those statements that legally form part of the contract, whilst a MR is an extra statement that isn’t legally binding
What is a contractual warranty and why is it important?
a contractual statement of fact. If someone makes a warranty they are then bound to it and that statement becomes a term, rather than just a MR
what is a breach of warranty?
violation of a contractual promise
What does the Dick Bentley Productions Ltd v Harold Smith tell us about when a statement becomes a warranty?
- reasonable bystander’s interpretation
- a statement of fact within ones own knowledge
Big difference between Bentely and Chess?
- the reasonable extent of knowledge that they had regarding the cars they were selling. Bentely knew the specifics, whereas Oscar did all within reason to give information.
What is the L’estrange rule?
unless misrepresentation or being forced to sign, a signature will confirm agreement to be held to all clauses regardless.
What is different between the Chapleton and Parker case?
the judgement regarding the question of if a ticket/receipt is a contractual document
Parker:
Chapleton: No it isn’t
What is reasonable notice?
What is meant by prior course of dealing?
