Terms Flashcards
Southern Foundries Ltd v Shirlaw 1939
showed the use of the officious bystander test
The Moorcock 1884
contract about mooring of boat did not make sense without term of suitability
Liverpool City Council v Irwin 1976
courts not prepared to imply the term to maintain & repair stairwell as it was impossible to constantly maintain
Hutton v Warren 1836
custom to compensate farmers whose tenancies run out before harvest
British Crane Hire v Ipswich Plant Hire 1976
usually the hirees responsibility to return machines - in same business so trade practice
Hardwick Game Farm v Suffolk Agricultural Association 1969
contracted 3-4 times per month (5yr+) - no discussion as to why usual term was to be omitted - previous course of dealings
Hollier v Rambler Motors 1972
contracted 3-4 times over 5 years - no previous course of dealings
Rowland v Divall 1923
car not his as it had been stolen - the person who had sold him it did not have the right to title so it had to go back
Beale v Taylor 1967
“1961 Triumph Herald Convertible” was 2 halves from 2 cars - did not match description
Christopher Hull Fine Art 1990
claim failed for fake painting as buyer was an expert & the seller was not
Re Moore and Landauer 1921
peaches not sold in specified box size - minor but valid breach
Rogers v Parish (Scarborough) Ltd 1987
new range rover with repairable problems was not of satisfactory quality
Shine v General Guarantee Corp 1988
second hand car with problems found to have been completely submerged under water for 24 hours+ - not satisfactory or merchantable
Bartlett v Sydney Marcus Ltd 1965
car with faulty clutch - given choice of repair or discount - took discount but could not get it repaired cheaper - couldn’t rely on satisfactory quality as he had made the choice
Godley v Perry 1960
catapult which flicked back and hit child was not fit for purpose as it could not be used without pulling elastic
Wilson v Best Travel 1982
holiday company checked hotel matched local standards, not UK standards - not done with reasonable skill and care
Lawson v Supasinks Ltd 1984
kitchen was not fit with reasonable skill and care
Charnock v Liverpool Corp 1968
car took twice as long to be fixed than expected time - not done within reasonable time
Poussard v Spiers & Pond 1876
opera singer fell ill & missed all rehearsals & opening week - breach of condition as it effected the whole contract
Bettini v Gye 1876
opera singer fell ill & missed half rehearsals - breach of warranty as it didn’t effect contact (able to claim for missed rehearsals)
Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd 1962
boat hired for 24 month - took 4 month to repair - started as innominate term - breach of warranty as most of contract could still go on
Aerial Advertising Co v Batchelors Peas 1938
condition breached as flying over memorial service was detrimental to reputation
L’Estrange v Graucob 1934
signed the document without reading it - bound to exclusion clause
Curtis v Chemical Cleaning Co 1951
innocent misrepresentation of the exclusion clause about damage
Chapelton v Barry UDC 1940
exclusion clause given after acceptance was made so was invalid
Olley v Marlborough Court Hotel
exclusion clause given inside hotel room door (after acceptance was made) so was invalid
Thornton v Shoe Lane Parking 1971
subtle exclusion clause given outside of car park - acceptance made at ticket machine so was invalid
Karsales v Wallis 1956
exclusion clause on liability for defect on car invalid as there was no working engine which defeated the object of contract
Phillips v Hyland 1987
unreasonable exclusion clause of liability to hiree when driver was provided
Lally & Weller v George Bird 1980
unreasonable exclusion clause to limit liability to £10 per item damaged (removal firm) when some items are worth lots more
George Mitchell v Finney Lock Seeds 1982
unreasonable to exclude liability for replacement cost of seeds was unreasonable because of expertise & inability to insure against failure of crops
