Terms And Representations Case Law Flashcards
What is the case for importance of statement?
Couchman V Hill
What happened in Couchman V Hill?
Auctioneer and farmer concluded animal wasnt pregnant, but it died while calving
What is the legal principle and judgment in couchman V Hill?
Legal principle- importance of statement
Judgement- found to be a term
What is the cases for special knowledge or skill?
Oscar Chess v Williams, Dick v Bentley
What happened in Oscar chess V Williams?
Private seller said model of car was 1948, but it was older
What was the legal principle and judgment in Oscar Chess V Williams?
Legal principle: special knowledge or skill
Judgement: representation
What happened in Dick V Bentley?
Car dealership, said car had 20,000 miles but it had 100,000
What was the legal principle and judgement in Dick V Bentley?
Legal principle: special knowledge or skill
Judgment: term as it is his profession
What is the case for time lag/ written contract?
Routledge V Mackay
What happened in Routledge V Mackay?
Age of the car, contract made 7 days after age of car was mentioned
What was the legal principle and judgement in Routledge V Mackay
Legal principle: Time lag/ written contract
Judgement: representation
What happened in Poussard v Spiers and pond
Actor failed to attend first few of her performances, when she did attend she wasnt aloud the role
What is the legal principle and judgement in Poussard v Spiers + pond
Legal Principle: repudiate contract if a condition is breached
Judgement: contract repudiated as she was lead actor
What happened in Bettinu v Gye
Singer contracted to a number of shows snd rehearsals, didn’t turn up to 3 rehearsals, repudiated his contract
What is the legal principle and Judgement in Bettini?
Legal principle: if a warranty contract cant be repudiated
Judgement: waranty, singer awarded damages
What happened in arcos v Ronaseen
Timber specified to be half an inch thick, couple pieces came thicker than specified, they were rejected
What is the legal principle and Judgement in Arcos v Ronaseen
Legal principle: buyer isnt bound to accept goods
Judgement: rejected as buyers didnt need to accept
What happened in hong kong
Hired ship for 104 weeks, wasnt sea worthy for 86 weeks
What was the legal principle and Judgement in Hong Kong
Legal principle: innominate term- not a condition or warranty
Judgement- warranty- can only sue for damages
What happened in Schuler V Wickman
Schular contracted rights to wickman to sell their products in the uk
What was the legal principle in Schuler V Wickman
Legal principle: inominate term
judgement: court held warranty
