Terms Express And Implied

Question 1

Condition

Answer 1

Central to contract - can allow contract to be repudiated

Question 2

Poussard v spiers and pond

Answer 2

Lead actress failed to attend
Condition in contract so could be repudiated

Question 3

Warranty

Answer 3

Minor term - only damages can be claimed

Question 4

Bettini v gye

Answer 4

Singer didn’t show up to rehearsal
Breach of warranty - awarded damages for loss of earnings

Question 5

Innominate term

Answer 5

Not clear condition or warranty

Question 6

Hong Kong for shipping co. Ltd v Kawasaki

Answer 6

• ship not suited for ordinary cargo service
• introduced innominate terms - category between warranty and conditions

Question 7

Oscar chess v Williams

Answer 7

Date of car model not in contract

Question 7

couchman v hill

Answer 7

catalogue said heifer unserved - was pregnant
taken as contract term rather than representation

Question 8

Dick Bentley v Harold smith motors

Answer 8

Said Car 20,000 miles v 100,000

Question 9

Routledge v mackay

Answer 9

7 day time lag

Question 10

Moorcock

Answer 10

Safe mooring and not damaged implied term

Question 11

Shaewel v reade

Answer 11

Horse for stud purposes - implied term

Question 12

Shell uk ltd v lostock garage ltd

Answer 12

Officious bystander test
Only sell to shell, prices so low make loss - never would’ve agreed to deal

Question 13

Egan v static control components

Answer 13

Reasonable person assume guarantee apply to existing and future debts

Question 14

M&S plc v BNP Parius security services trust companies

Answer 14

Notionable reasonable people in positions of people in time of contracting

Question 15

Hutton v warren

Answer 15

Local custom entitled for seed + labour at end of agricultural lease

Question 16

Hillias v arcos

Answer 16

Vague option clause - implied same terms as previous contract

Question 17

Importance attached to representation

Answer 17

Couchman v hill

Question 18

Special knowledge or skill of person making statement

Answer 18

Oscar chess v Williams - date of car model
Dick Bentley v Harold smith motors - car miles

Question 19

Time lag between statement and contract

Answer 19

Routledge v mackay - 7 day

Question 20

Terms implied by common law or statute

Answer 20

Sale of goods act 1979
Sale of goods and services 1982
CRA 2015

Question 21

Business efficacy

Answer 21

Moorcock - safe mooring implied
Scrawel v reade - horse stud

Question 22

Officious bystander

Answer 22

Shell uk ltd v lostrock garage Ltd - only sell shell
Egan v static control components - reasonable persons assume guarantee applied
M&S plc v BNP parions security services trust companies - notional reasonable people in position of parties at time

Question 23

Term implied by custom

Answer 23

Hutton v warren - local custom entitled to allowance for seen + labour end of agricultural lease

Question 24

Term implied by prior dealings

Answer 24

Hillias v arcos - vague option clause - implied on same terms as previous contract