General Contract Terms And Those Specific To Consumer Contracts

Question 1

Is it a term or a mere representation

Answer 1

Effect remedies- a term being breached will lead to a claim for breach in contract
A representation, if untrue, will give rise to a remedy for misrepresentation

Question 2

Factors in deciding

Answer 2

The importance attached to the representation
Special knowledge or skill of the person making the statement
Time lag
Where there is a written contract

Question 3

Types if terms

Answer 3

Condition
Innominate term
Warranty

Question 4

Condition

Answer 4

A term so important that a failure to perform it would destroy the main point of the contract

Question 5

Innominate term

Answer 5

A term that is not clearly a condition or warranty

Question 6

Warranty

Answer 6

A minor term- only damages can be claimed - the contract does not end (Bettini v Gye)

Question 7

Terms can be expressed or implied

Answer 7

Express terms are terms that are specifically agreed between the parties
Implied terms aren’t

Question 8

Custom

Answer 8

Hutton v Warren 1836- terms must be viewed in light of custom
Hillas v Arcos - prior conduct may indicate the terms to be applied