LAW P3 CONTRACT CASES (TERMS)

Question 1

What is the case for the term or representation factor (if statement is in writing)

Answer 1

Routledge v Mckay, there was no mention of the date in the written agreement

Question 2

What is the case for the term or representation factor (the importance attatched to statement)

Answer 2

Bannerman v White, C had communicated the importance of the term and relied on the statement

Question 3

What is the case for the term or representation factor (Statement made by specialist with skill or knowledge)

Answer 3

Oscar chess v williams, the statement relating to the age of the car was not a term but a representation

Question 4

What is the case for the term or representation factor (timing of the statement)

Answer 4

Routledge v Mckay, the statement was a representation since there was a lapse in time

Question 5

What is the case for a condition?

Answer 5

Poussard v Spiers, madame poussard was in breach of condition and spiers were entitled to end the contract

Question 6

What is the case for a warranty?

Answer 6

Bettini v Gye, bettini was in breach of warranty and therefore the employer was not entitled to end the contract

Question 7

What is the case for innominate terms?

Answer 7

Schuler v Wickman tools, despite the fact the contract had expressly stated the term as a condition, the HOL held it was only a warranty