Pre Contractual Statements

Question 1

Ecay v Godfrey 1947

Answer 1

Can be part of contract if parties intend it to be

Question 2

Pre contract statement can be

Answer 2

Representation or term or mere puff

Question 3

Probs arise

Answer 3

When in negotiations mere puffs were said and not intended to be legally binding

Question 4

Misrep

Answer 4

Action for misrepresenting

Question 5

AIDS to help decide if representation or term

Answer 5

Timing

Importance

Writing

Special knowledge

Question 6

Test

Answer 6

Objective

Reasonable man on intentions of parties

Question 7

Routledge v McKay 1954

Answer 7

Marked gap from making statement then contract reluctant to be incorporated

Question 8

Banner man v white 1861

Answer 8

Will be statement if importance is such that wouldn’t have entered contract otherwise

Question 9

Birch v paramount estates 1956

Answer 9

Contract can be part oral part writing

Question 10

Dick v Bentley productions v Harold smith 1965

Answer 10

Statement made by expert to non expert more likely term

Question 11

Oscar chess v Williams 1857

Answer 11

Statement made by non expert, representation