Cotents

Question 1

What are the three ways terms may be incorporated into a contract?

Answer 1

• by signature
• by reasonable notice before or at the time of the contract
• a previous consistent course of dealing

Question 2

What does the reasonable notice rule mean for contractual incorporation

Answer 2

The party he wants to rely on the term must’ve been given reasonable notice at all before the time of the contract - if reasonable notice has been given in the law, will regard it as incorporated into the contract. If not, then it will not be

Question 3

What factors does the core take into account when deciding whether or not reasonable notice has been given

Answer 3

Nature of the document - is the document one in which a reasonable person would expect there to be a contract term? For example, a time on the back of a ticket that someone had been given, after paying to hire, a deckchair was held not to be a term of a contract - a reasonable person would simply have assumed that the ticket was proof of payment

Timing - the notice must come before, or at the time of the contract, such as in a quotation, and not after such as in an invoice

Owners terms, such as a term imposing a sign of a particular condition is not met - the more onerous, the more, the party must do to bring it to the other parties attention

If the exemption clause must be legible

If the term is that out of the back of the document, there must be words at the front, drawing the other parties attention to get such a saying see terms of relief

Question 4

What is the previous consistent course of dealing rule mean in terms of contractual incorporation

Answer 4

For terms to be incorporated. In this way, the parties must’ve had a lot of regular dealings in the past that we’re all on exactly the same terms and conditions - the premise is the by the stage in their dealings the party should be familiar with those terms and conditions - even if, on the individual occasion they were provided after the contract, such as via an invoice

Question 5

What is a contractual condition generally defined as

Answer 5

They’re generally defined as important in terms

Question 6

In general terms, what is a warranty?

Answer 6

A minor term

Question 7

What is the general rule regarding remedies for breach of a contractual condition?

Answer 7

The innocent party can terminate the future performance of the contract as well as claim damages - even if the bridge of the condition appears to be fairly insignificant, the point is that in important term has been breached, and for this reason alone, the innocent party has a choice whether to terminate author of the contract

Question 8

What is the general rule regarding remedies for breach of warranty?

Answer 8

Because warranties or minor terms, if a warranty is bridge to only remedy is damages, however, serious the bridge

Question 9

Why are innominate terms necessary?

Answer 9

Because the traditional approach that any condition being breached leads to the possibility of a termination of the contract leads to inflexibility - even if a breach of a condition is so slight that most people would regard termination as being unreasonable and out of proportion to the effect of the bridge. This is necessary hundred conventional law.

Accordingly, the courts came to recognise anonymous to terms

Question 10

What happens when a contract has been drafted by a non-lawyer and they are blissfully unaware of the significance of calling a particular time I condition or a warranty

Answer 10

Another instance, it will, then be a case of looking at all the circumstances, and deciding whether or not the parties could of intended breach of the particular time to lead to the possibility of termination. If so it is a condition.

So do not take the face value of one of term may be cold in a contract, unless the contract has been drafted by lawyers

Question 11

Has sometimes been judicially recognised as being a condition or warranty

Answer 11

Yes- for example, caselaw has determined that ‘ expected ready to load’ closes in charter parties (contract hire ships) are conditions

Question 12

What is the impact of an innominate or intermediate term?

Answer 12

If a clause movie breached in a spectrum of different ways, ranging from the serious to the insignificant, the court, and classify, such closes at the outset and introduce a ‘ wait and see’ approach

The remedy would depend on the ultimate effect of the breach - only if the bridge was really serious and effectively deprived innocent party of substantially, the whole benefit expected to receive under the contract. Would you have the choice to terminate or affirmed the contract

Question 13

What are the four ways a term can be implied into a contract

Answer 13

• By custom
• In fact
• In law
• By statute

Question 14

What does it mean that a term maybe implied into a contract by custom?

Answer 14

A term may be implied if it reflects what was regarded as the well-known and legally binding customs of a particular trade

Note, the term will not be implied by custom, if it will contradict an express terms of the contract

Question 15

What does it mean that a term maybe implied into a contract in law? Where the law regards it as a necessary incident of a particular type of contract.

Answer 15

For example, in employment contract, there is an implied Judy on the employer to provide a healthy and safe environment for the employee to work in and a duty on the employee to provide an honest and loyal service

Question 16

What are terms implied by statute?

Answer 16

This is really a subcategory of terms implied by law, but we were treated separately, because it is by far the most important way in which terms get implied, into contracts

Question 17

Which statutes implied terms into business to business contracts for the sale and supply of goods, and/or services?

Answer 17

The relevant statutes are the sales of goods act, 1979 and the supply of goods and services act, 1982

Question 18

Does the sales of goods act 1979 apply to business to consumer contracts?

Answer 18

No

Question 19

Does the supply of goods and services act 1980 to apply to consumer contracts?

Answer 19

No

Question 20

What are the sales of good act implied terms

Answer 20

• that the seller has the right to sell the goods
• Where there is a contract for the sale of goods by description there is an implied terms of the goods will correspond with the description
• where the seller sells goods in the course of business, there is an implied term that the goods supplied under the contract or a satisfactory quality
• Good to have satisfactory quality of their meet the standards to reasonable person, would regard as satisfactory taking account of any description of the goods, the price and all other relevant circumstances
• Where are the seller sells goods in the course of business, and the buyer makes known to the seller any purpose, for which the goods have been bought there is an implied terms of the goods supplied under the contract a reasonably fit for that purpose, whether or not, that is the purpose, for which the goods are commonly supplied, except where the circumstances show that the buyer does not reply, or did it would be unreasonable for him to rely on the scale or judgement of the seller

Question 21

Are the provisions of the sales of goods act 1979, attracting strict liability

Answer 21

Yes - this means that the seller does not need to personally be at fault for the goods, not matching their description or being otherwise defective

Question 22

Are the provisions of the sales of goods act 1979, usually considered conditions, and what is the consequence of this

Answer 22

yes- this means that if they are breached, the innocent party will have a right to reject the goods and get a refund as well as additional claim damages

Question 23

What are the two situations in which the innocent party cannot reject the goods and get a refund under the sales of goods act, 1979?

Answer 23

1) where the buyer has accepted the goods (into message, acceptance, or otherwise, kept the goods beyond a reasonable time without seeking to reject them) or

2) where the bridges so slight that would be unreasonable to reject the goods

Question 24

Which statute implies terms into contracts for services or work or contracts that involve both the supply of work and materials

Such as a furniture, removal contract and logistics contract or a contract to supply and fit a new kitchen

Answer 24

The supply of goods and services act, 1982

Question 25

Which provisions of the supply of goods and services act 1980 to apply to both work and materials and service contracts?

Answer 25

• where work or service is done in the course of a business, there is an implied term that it will be carried out with reasonable care and skill
• Where work or a service is done in the course of the business and no time for performance has been agreed. It is implied that the work will be done within a reasonable time.
• If a price for worker service has not been fixed person implied term set a reasonable, some will be charged

Question 26

Do the provisions of the supply of goods and services act 1982 in relation to both work and materials and service contracts, impose strict liability?

Answer 26

No, they are innominate terms so it is a question of degree and the provisions relating to the work been completed in a reasonable time, and a reasonable, some only apply in the absence of express agreement to the contrary

Question 27

Which statute implies terms into business to consumer contracts for the sale of goods and supply of goods and services

Answer 27

Consumer rights act, 2015

Question 28

What are the implied terms in the consumer rights act 2015 that apply to the of sales of goods, and supply of goods under goods and services contract

Answer 28

• where goods are sold are supplied in the course of business. There is an implied terms of the gates will be a satisfactory quality.
• If the buyer mix noon to the seller, his purpose for the goods, either expressly or impliedly and reasonably relies on the salary scale or knowledge, there is an implied term that the goods will be fit for that purpose
• Where there is a seal or supply by description, there is an implied term that the goods will correspond with that description
• The seller has the right to say, I’ll transfer the kids at the time when the ownership of the kids to be transferred

Question 29

What are the times implied by the consumer rights act 2015 in relation to goods and services and service contracts

Answer 29

-where work or service is done in the course of a business there is an implied term, but it will be carried out with reasonable care and skill

• If a price for work or service has not been fixed, there is an implied term that a reasonable sum will be charged
• Where worked or a service is done in the course of a business and no time for performance has been agreed. It is imply that the work will be done within a reasonable time.

Question 30

On a practical level, is it better to Sue under the consumer rights act or under the express terms if there is a claim under both

Answer 30

It is better to claim under the consumer rights act as these are a statutory right

Question 31

With the provision of the consumer rights act that a product does not correspond with its description work at the order black stones but we’re given Greystones

Answer 31

Yes

Question 32

What rights do consumers have tune? Forced terms about goods under section 19 of the consumer rights act 2015.

Answer 32

• The short-term right to reject and get a full refund
• The right to repair or replacement if appropriate
• The right to price reduction, or the final right to reject and get a partial refund to reflect the consumers use of the goods

Question 33

Is there a pecking order of remedies in terms of the consumer rights act 2015?

Answer 33

Yes, if the short term right to reject has been lost, then we consider whether it is appropriate a reasonable to get the kids, repaired or replaced

If not, then the consumer may be entitled to an appropriate price reduction or to reject the goods and to get a partial refund of the price

Question 34

Is it consumers common-law right to damages affected by the rights set out in the consumer rights act 2015

Answer 34

No - some of the remedies said out in the consumer rights act 2015 do not fully compensate. The buyer for losses suffered as a result of the breach damages may be awarded to

Unless the parties have expressly agreed, otherwise the time limit for the short time right to reject nonperishable goods is 30 days after they have been bought delivered and where appropriate installed

With perishable goods, the time limit is no longer than the goods could reasonably be expected to last

Question 35

What are the time limits for the rights under section 19. Of the consumer rights act 2015.

Answer 35

• Short-term right to reject - nonperishable goods - 30 days after they have been bought
• Perishable goods The time limit is no longer than the kids could reasonably have been expected to last.

The other rights - to repair or replacement order price reduction or the final right to reject and get a partial refund to reflect the consumers use of the goods - if you do not conform to the contract at any time within six months of the date of delivery, they will be taken as not having conform to the contract on that day

Question 36

What are the main remedies for breaches of implied terms in relation to services and work?

Answer 36

• The breach of the implied term to exercise, reasonable care and skill causes the consumer to have the right to require repeat performance, where reasonable or to aprice reduction
• In relation to breach of the implied term, Mr performance within a reasonable time, the consumer simply has the right to an appropriate price reduction

Question 37

What approach should we take? If we get a question that involves both faulty goods and 40 services?

Answer 37

We should consider the pecking order of remedies in relation to the goods and the right to require repeat performance or an appropriate price reduction in the context of services or work

Question 38

If you have a provision based on common intention, and none of the statutory implied terms apply in what instance, we do more restrictive position be imposed

Answer 38

If that implication goes without saying

Question 39

In what instance will a seller not be liable for a breach of condition under the SGA if a product isn’t fit for purpose?

Answer 39

If they directly warn the purchaser that it isn’t fit for that particular purpose