Oral Statements

Question 1

What can override written terms in a contract?

Answer 1

Pre-Contractual statements can override written terms and be classed as contractual terms.

Example case: Curtis v Chemical Cleaning.

Question 2

What increases the likelihood of a statement being incorporated into a contract?

Answer 2

If the statement is of particular importance, it is more likely to be incorporated.

Example cases: Bannerman v White, Couchman v Hill, Schawel v Reade.

Question 3

How does the knowledge of the statement maker affect incorporation?

Answer 3

If the maker of the statement has more knowledge/skill than the other party, their statement is more likely to be incorporated.

Example case: Oscar Chess v Williams.

Question 5

What happens if there is a delay between a statement and the conclusion of a contract?

Answer 5

The statement may not be held to be a contractual term.

Example case: Routledge v Mckay