expressed terms Flashcards
1
Q
express terms
A
- terms that are expressly agreed at the time that the contract is entered into
2
Q
mere puffs
A
- extravagant claims for the thing of being offered
- don’t form part of the contract
- a reasonable person would not take seriously (e.g red bull gives you wings)
3
Q
representations
A
- pre contractual statements of fact
- intended to persuade the other party to enter the contract
- not intende to form part of the contract itself
- contract remains intact if broken
4
Q
terms
A
- forms part of the contract itself
- can be express or implied
- breach of contract if broken
5
Q
importance of the statement
A
- if a statement is of particular importance ti either party, it is more likely to be a term
- couchman v hill
6
Q
verbal or in writing
A
- the court will hold that any verbal statements not included in the written agreement are representations
- boutledge v mckay
7
Q
timing
A
- if there is a large gap between the making of the statement and the formation of the contract, the statement is less likely to be a term
8
Q
specialist skills
A
- a statement is more likely to be a term if either party has specialist knowledge
- dick bentley v harold smith motors
9
Q
exclusion clauses
A
- express terms of a contract which attempt to remove or restrict a party’s liability in the event of a breach
10
Q
signed agreements (exclusion clauses)
A
- if the agreement is signed by a party then they are bound by its terms, including any exclusion clauses
11
Q
express knowledge of the known clause (exclusion clauses)
A
- in the absence of a signed agreement then the courts will uphold an exclusion clause providing the party subject to the clause
12
Q
reasonable notice of the clause (exclusion clauses)
A
- the party must demonstrate that the relevant terms were sufficiently brought to the notice beforehand in order to rely on the EC
