Tems Of A Contract

Question 1

Terms of a contract

Answer 1

Are what the parties to the contract have agreed. Subject matter of the contract. Specifically agreed to and become part of the contract. If a term is not carried out, then the contract is breached.

Question 2

Representation

Answer 2

When negotiations are taking place many things are discussed that are not included in the terms of the final contract. If a representation is untrue=misrepresentation.

Question 3

Order

Answer 3

1.Terms or representation? 2.express or implied term? 3.type of term 4.exclusion clauses

Question 4

Term or representation?

Answer 4

Importance attached to statement (Couchman v Hill). Specialist knowledge (Oscar Chess v Williams). Time elapsed between statement and contract (Routledge v McKay). Written contract (Routledge v McKay).

Question 5

Express or implied term?

Answer 5

Express, implied, by common law, by statue, supply of goods, supply of services

Question 6

Express or implied term - express and implied

Answer 6

Express - words agreed by the parties to be incorporated in their contract
Implied - do not appear in contract but exist due to statue, courts or custom

Question 7

Express or implied term - by common law

Answer 7

Business efficacy, custom, previous course of dealings

Question 8

Express or implied - by common law - business efficacy

Answer 8

Is the term necessary to make the contract effective (The Moorcock)+if the parties to the contract had thought about it, would they have agreed that the suggested term was obviously going to be included in the contract (Shell UK v lostock garage Ltd). Officious bystander test - would an officious bystander watching the agreement, have suggested the terms be included (Shirlaw v Southern Foundries)

Question 9

Express or implied term - by common law - custom

Answer 9

Unusual conditions of practice (Hutton v Warren)

Question 10

Express or implied terms - by common law - previous course of dealings

Answer 10

The prior conduct of the parties may indicate terms to be implied (Hillas v Arcos)

Question 11

Express of implied terms - by statute

Answer 11

The consumer rights act 2015. S2 trader - is a person acting for purposes related to a trade, business, craft or profession; a consumer is an individual acting for purpose outside of that trade, business, craft or profession.

Question 12

Express or implied - supply of goods