Implied And Expressed Terms Flashcards
What legal principle did the case The Moorcock set out?
Legal principle: A case example of business efficacy.
What legal principle did the case Shell UK v Lostock Garage set out?
Legal principle: case authority for the principle that terms will not be implied if the parties would have never agreed to it if the bystander suggested it or they thought of it.
What legal principle dis the cases Marks and Spencer v BNP set out?
Legal principle: when deciding whether the term is implied in the contract you must use EITHER the officious bystander test or business efficacy not both.
What legal principle did the case Baldry v Marshall set out?
Legal principle: case authority for S10 the right of fitness for a particular purpose.
What legal principle does the case Re Moore and Co set out?
Legal Principle: Goods must match the description even packaging -S11
What legal principle did the case Couchman v Hill set out?
Legal principle: If the statement is important to the contract it will be seen as a term.
What legal principle did the case Dick Bentley v Harold Smith Motors set out?
Legal principle: special knowledge or skills in the form of representation will be seen as a term.
What legal principle did the case Oscar Chess v Williams set out?
Legal principle: if the person did not have any special skills or knowledge when the representation was made it is not a term
