express terms Flashcards
what is an express term
a term agreed by the parties
what can the things discussed in negotiations become
terms or representations
what is a term
something which if not complied with can lead to a breach of contract
whats a representation
something which if not complied with can lead to a misrepresentation
what can parties do with express terms
classify them
give a case where the terms were classified by the parties
lombard v butterworth
give a case where the terms were classified by the parties but the courts ignored them
schuler v wickman tools
what do couts look at when deciding if if its a term or representation
imporance of statment
special knowledge/skill
time between statment and formation
written contract?
what happens if a statment is impartant to a contract + case
its defined as a term
couchman v Hill
what will likely happen if a statment is made w/o expreties/knowledge
less likley to be defined as a term
give a case where D had no special knowledge- defineed as a misrep
oscar chess ltd v williams
give a case where d had knowledge -defined as term
dick bentley v harold smith
how can time affect wether its a term or contract
if the time between statment and creation is too great the courts will be less likley to define it as a term
give a case for time and written contract
Routledge v mcKay
how will a contract in writing affect wither its a term or rep
if an agreemnet is in writing and the statment isnt included its likley to be considered a rep
