Express Terms of the contract

Question 1

The “Parol Evidence” Rule – oral or other extrinsic evidence is not admissible to add to, vary or contradict a written contract except: - Where term normally implied by law or custom

Answer 1

Smith v Wilson [1832] 3 B & Ad 728

Question 2

The “Parol Evidence” Rule – oral or other extrinsic evidence is not admissible to add to, vary or contradict a written contract except: - where the written contract is not the whole contract

Answer 2

Couchman v Hill [1947] 1 All ER 103

Question 3

The “Parol Evidence” Rule – oral or other extrinsic evidence is not admissible to add to, vary or contradict a written contract except:- where there was an oral condition precedent

Answer 3

Pym v Campbell [1856} 6 E & B 370

Question 4

The “Parol Evidence” Rule – oral or other extrinsic evidence is not admissible to add to, vary or contradict a written contract except: - where there is a collateral contract

Answer 4

City and Westminster Properties Ltd v Mudd [1959] 2 All ER 733

Question 5

Court will determine intention of parties by looking at:- When the representation was made

Answer 5

Routledge v McKay [1954] 1 All ER 855

Question 6

Court will determine intention of parties by looking at:- Importance attached

Answer 6

Bannerman v White [1861] 10 CB NS 844

Question 7

Court will determine intention of parties by looking at:-Express representation as to soundness

Answer 7

Schawel v Reade [1913] IR 64

Question 8

Court will determine intention of parties by looking at: - Whether one of the parties had specialist knowledge

Answer 8

Oscar Chess v Williams [1957] 1 WLR 370

Dick Bentley Productions v Harold Smith (Motors) [1965] 1 WLR 623

Question 9

To interpret the meaning of a contractual term, the starting point is the document itself by giving the words their ordinary meaning.

Answer 9

Mannai Investment co Ltd v Eagle Star Life Assurance [1997] AC 749
BCCI v Ali [2001] UKHL 8

Question 10

Classification of terms. A ‘condition’ goes to the root of the contract. Breach entitles injured party to repudiate contract and/or seek damages

Answer 10

Poussard v Spiers and Pond [1876] 1 QB 410

Question 11

Classification of terms. A ‘warranty’ is less important in that it is a term that is collateral to the main purpose of the contract. Breach gives rise to damages only.

Answer 11

Bettini v Gye [1876] 1 QB 183

Question 12

Classification of terms. An ‘innominate’ term – is neither, but a minor breach is treated as breach of warranty and major breach will allow the innocent party to repudiate the contract.

Answer 12

Hong Kong Fir Shipping v Kawasaki Kaisen Kaisha [1962] 1 All ER 474

Question 13

In order to determine classification of term, court will look at intention of the parties and the consequences of the breach.

Answer 13

Schuler v Wickman Machine Tool Sales [1974] AC 235

Rice (t/a Garden Guardian) v Great Yarmouth Borough Council [2001] 3 LGLR 4