Express Terms

Question 1

What is an express term

Answer 1

A term which is explicitly agreed by both parties to be included in the contract
Parties will negotiate the terms they wish to include prior to the agreement

Question 2

What are the 3 express terms types

Answer 2

1) conditions
2) warranties
3) I nominate terms

Question 3

What are conditions (with cases)

Answer 3

Strongest type of express terms as they are essential for the contract to be complete
If it is breached then the innocent party will have the right to repudiate (terminate) the contract (Poussard v Spiers)

Question 4

What are warranties (with cases)

Answer 4

Not as powerful as conditions and are seen as more minor terms as if they are breached it will only give the right to claim for damages only not to terminate the contract (Bettini v Gye)
The terminology ’condition’ doesn’t stop the term from being a warranty (L.Schuler A.G v Wickman)

Question 5

What is a pre-contract representation

Answer 5

These are representations made by a trader which influence the consumers decision to enter into a contract for goods or services
Although not as important as terms, these can still influence the agreement to a contract

Question 6

What are the 4 pre-contract representations (with cases)

Answer 6

1)importance of representation (Couchman v Hill)
2) specialist skill or knowledge (Dick Bentley v Harold Smith Motors)
3) time difference (Routledge v Mackay)
4) in writing (L’Estrange v Graucob)

Question 7

What is importance of representation (with case)

Answer 7

Considers whether the representation was a key factor in the agreement to the contract, if so then it is a term (Couchman v Hill)

Question 8

What is specialist knowledge or skill (with case)

Answer 8

If the specialist knowledge or skill has beeb relied on the representation will be a term (Dick Bentley v Harold Smith Motors)

Question 9

What is time difference (with case)

Answer 9

Time difference between representation and the contract much be considered
The longer the delay the less likely it is to be a term (Routledge v Mackay)

Question 10

What is contract in writing (with case)

Answer 10

If in writing and signed by both parties this will be assumed to be agreed even if not read (L’Estrange v Graucob)