Expressed And Implied Terms

Question 1

Expressed terms are contractual terms laid out by the parties themselves

Question 2

Implied terms are that are assumed by common law or statutes

Question 3

Express terms: written notice- a written notice including an exclusion clause must be apart of the contract document and not a receipt or acknowledgement of payment

Answer 3

Chapelton

Question 4

Express term: written notice- if the exclusion clause comes after the offer has been accepted, it is not incorporated into the contract

Answer 4

Chapelton

Question 5

Express term: harsh term- where a term is harsh or unusual, the person relying on it must take reasonable steps to bring it to the attention of the other party before the contract is made, otherwise it is not incorporated

Answer 5

Interfoto v Stiletto Visuals

Question 6

Express term: ticket- written terms present at the time the contract is made will only become a part of the contract if the party relying on them can provide reasonable notice of them to the other party

Answer 6

Parker

Question 7

Express term: signed document- if a party signs a document, the terms are included within the contract even if they have not read them

Answer 7

L’Estrange

Question 8

Express terms: exceptions (signed document)- if the term is not the type that is expected to be included in the sort of document signed it is not incorporated

Answer 8

Grogan

Question 9

Express terms: exceptions (signed document)- if the term has been misrepresented before signing the document it will not be included

Answer 9

Curtis

Question 10

Oral statements: if a statement made is important to the contract, it will be a term and not a representation

Answer 10

Couchman v Hill

Question 11

Oral statement: oral statements are not incorporated into a contract when there is a time lag between the statement and the contract being formed, unless it is put in writing

Answer 11

Routledge v McKay

Question 12

Terms implied by common law: part 1; business efficacy- the courts will imply a term into a contract, if it is necessary to make it work

Answer 12

Moorcock

Question 13

Terms implied by common law: part 2; officious bystander test- if the term is so obvious it can be implied into the contract without the parties discussing it

Answer 13

Shirlaw

Question 14

Term implied by prior dealings: if the parties have a history of prior dealings the term can be included into the contract

Answer 14

Arcos v Hillas

Question 15

Terms implied by prior dealings: however the dealings must be regular and consistent basis

Answer 15

Macbrayan

Question 16

Terms implied by statute: this is governed by ………

Answer 16

Consumer rights act 2015

Question 17

Terms implied by statute: goods must be of satisfactory quality. But if a defect is brought to the consumers attention before the contract they cannot enforce this right

Answer 17

S9 consumer rights act 2015

Question 18

Terms implied by statute: goods must be fit for purpose. But if the good is to be used for a particular purpose that is different to its usual purpose and the customer tells the seller this, it must be fit for purpose for this as well

Answer 18

S10 consumer rights act 2015

Question 19

Terms implied by statute: goods must match the description given to them. But if any differences were brought to the attention of the customer, before the good was purchased, the right cannot be enforced.

Answer 19

S11 consumer rights act 2015