Express Terms Flashcards
What are the statements made in negotiations?
Puffs
Representations
Terms
What is a puff?
A boastful statement made in advertising
Case related to puffs
Dimmock v Hallet
Facts of Dimmock v Hallet
During the sale of land D described it as ‘fertile and improbable’
Outcome of Dimmock v Hallet
Court held this was a puff not a representation
What is a representation?
A statement which induces a party into a contract
What factors distinguish terms and representations?
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
What case is related to the term being in the contract?
J Evans and Sons LTD v Andrea Mezario
Facts of J Evans and Sons LTD v Andrea Mezario
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
Outcome of J Evans and Sons LTD v Andrea Mezario
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
What case is related to importance of term?
Bannerman v White
Facts of Bannerman v White
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
Outcome of Bannerman v White
The court held because it was of importance to D that it was considered a term. Therefore D could repudiate and terminate the contract
What case is related to the statement being made with specialist knowledge/skill?
Dick Bentley Productions Ltd v Harold Smith
Facts of Dick Bentley Productions Ltd v Harold Smith
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
Outcome of Dick Bentley Productions Ltd v Harold Smith
The court held because the term required the specialist knowledge of D and the term was based on this D could repudiate the contract
What categories are terms broken into?
Conditions
Warranties
Innominate terms
What is a condition? Remedy available?
Most serious breach. Contract cannot be continued if broken. Can rely on any remedy
What case is relevant to conditions?
Poussard v Speirs
Facts of Poussard v Speirs
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
Outcome of Poussard v Speirs
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
What is a warranty? What remedies are available?
Less severe than a breach because the contract will still be able to resume so damages are only available
Case related to warranties
Bettini v Gye
Facts of Bettini v Gye
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
Outcome of Bettini v Gye
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
