Terms

Question 1

Express terms and implied terms difference

Answer 1

Express - specifically agreed between parties
Implied - implied in contract

Question 2

3 types of term

Answer 2

Condition
Warranty
Inonimate term

Question 3

Condition definition

Answer 3

Term in contract so important that not performing would destroy purpose of contract

Question 4

Poussard v Spiers

Answer 4

Actress agreed to perform. Did not go to first few performances - broke contract by not turning up. Repudiated

Question 5

Repudiation def

Answer 5

1 party ends contract when other party fails to perform duty owed

Question 6

Rescission def

Answer 6

Remedy from court - ends contract

Question 7

Warranty def

Answer 7

Minor term in contract - only damages can be claimed from breach not ending contract

Question 8

Betting v Gye

Answer 8

Singer contracted to perform at concerts and 6 days rehearsal - didn’t go to rehearsals and replaced - rehearsals were warranty - G had no right to end contract - singer awarded damages for earnings

Question 9

Innominate term

Answer 9

Term that is not a clearly warranty or condition. May be viewed as either

Question 10

Hong Kong Shipping v Kawasaki

Answer 10

Loaned a boat for 2 years. Term said ship should be every way fit for cargo service - problems with engine - lost 18 weeks use of ship while being repaired - repudiated contract - seen as a warranty only damages awarded

Question 11

What is considered when deciding if a statement is a term

Answer 11

• importance of statement to contract
• special knowledge pr skill of person making statement
• time lag between statement and contract
• if there is a written contract

Question 12

Couchman v Hill

Answer 12

Auction said heifer not pregnant. Was in fact pregnant and then died, statement important to purchaser seen as term

Question 13

.