Express Terms

Question 1

What are the statements made in negotiations?

Answer 1

Puffs
Representations
Terms

Question 2

What is a puff?

Answer 2

A boastful statement made in advertising

Question 3

Case related to puffs

Answer 3

Dimmock v Hallet

Question 4

Facts of Dimmock v Hallet

Answer 4

During the sale of land D described it as ‘fertile and improbable’

Question 5

Outcome of Dimmock v Hallet

Answer 5

Court held this was a puff not a representation

Question 6

What is a representation?

Answer 6

A statement which induces a party into a contract

Question 7

What factors distinguish terms and representations?

Answer 7

Time lapse
If it is in the contract
The importance is has to a party
If the statement was made with specialist knowledge or skill

Question 8

What case is related to the term being in the contract?

Answer 8

J Evans and Sons LTD v Andrea Mezario

Question 9

Facts of J Evans and Sons LTD v Andrea Mezario

Answer 9

The parties had a verbal agreement D would transport the cargo below deck
Due to miscommunication with D’s workers this didn’t happen and cargo was lost to sea
C sought damages

Question 10

Outcome of J Evans and Sons LTD v Andrea Mezario

Answer 10

D tried to argue that there was not contract because it was the term was stated orally
Court held term could be written or verbal and damages were to be paid

Question 11

What case is related to importance of term?

Answer 11

Bannerman v White

Question 12

Facts of Bannerman v White

Answer 12

D explicitly stated he could not buy hops treated with sulphur
C said they were not (he didn’t know this)
After purchase D found out they had been treated and repudiated the contract
C attempted to sue saying it was a representation not a term

Question 13

Outcome of Bannerman v White

Answer 13

The court held because it was of importance to D that it was considered a term. Therefore D could repudiate and terminate the contract

Question 14

What case is related to the statement being made with specialist knowledge/skill?

Answer 14

Dick Bentley Productions Ltd v Harold Smith

Question 15

Facts of Dick Bentley Productions Ltd v Harold Smith

Answer 15

C asked D to source a ‘well vetted’ Bentley.
D said it has done 20,000 miles with the new engine
It had in fact done 100,000
C sued when D would not pay

Question 16

Outcome of Dick Bentley Productions Ltd v Harold Smith

Answer 16

The court held because the term required the specialist knowledge of D and the term was based on this D could repudiate the contract

Question 17

What categories are terms broken into?

Answer 17

Conditions
Warranties
Innominate terms

Question 18

What is a condition? Remedy available?

Answer 18

Most serious breach. Contract cannot be continued if broken. Can rely on any remedy

Question 19

What case is relevant to conditions?

Answer 19

Poussard v Speirs

Question 20

Facts of Poussard v Speirs

Answer 20

C was contracted to perform live shows
She was taken ill and unable to perform several
Understudy took her place
She sued for breach of contract

Question 21

Outcome of Poussard v Speirs

Answer 21

Claim failed
This was held to be a breach of condition because the contract could not continue without her
D was entitled to repudiate and terminate contract

Question 22

What is a warranty? What remedies are available?

Answer 22

Less severe than a breach because the contract will still be able to resume so damages are only available

Question 23

Case related to warranties

Answer 23

Bettini v Gye

Question 24

Facts of Bettini v Gye

Answer 24

Singer was contracted
Contract stated he must attend rehearsals 6 days prior to live shows
He attended 1/2
He was replaced then attempted to sue

Question 25

Outcome of Bettini v Gye

Answer 25

His claim was successful and he was entitled to damages

The court held the terms of the contract could have been fulfilled despite him missing rehearsals