Representations and Terms Flashcards
1
Q
What is a term?
A
Part of the contract and is binding.
2
Q
What is a representation?
A
Not part of the contract but is binding.
3
Q
What is a mere puff statement?
A
It has no legal effect.
4
Q
What is the first guideline?
A
Strength of statement - it’s clarity. Ecay v Godfrey.
5
Q
What is the second guideline?
A
Importance to representee - term if so important to buyer. Bannerman v White.
6
Q
What is the third guideline?
A
Specialist knowledge - Bentley v Harold Smith (both specialist knowledge so was breach of contract).
7
Q
What is the fourth guideline?
A
Timing - longer time between statement and making of contract, more likely representation. Routledge v Mckay.
8
Q
What is the fifth guideline?
A
Reduction to writing - signing an agreement incorporates it as a term of the contract. L’Estrange.
