terms of a contract Flashcards
what is a term in a contract
terms are specific rights and obligations agreed upon by the parties in a contract
what is a condition
the heart of the contract, if breached the innocent party can terminate the contract and claim damages
Poussard v Spiers
what is a warranty
minor terms of the contract, if breached the party can only claim damages
Bettini v Gye
what is a innominate term
terms that arent striclty conditions or warranties
Hong Kong fir shipping ltd
what is business effiacy and the officious bystander test
Was the term neccesary to make contract efffective. and would the parties agreed that suggested term was obviouly in contract
the Moorock 1989
what is stated about the importance of the statement
Bannerman v ?
if the statement was key to the contract it is most likely a term
bannerman v white
what was said about the timing of the statement
Routledge v ?
if the statement was made just before the contract iits more likely a term
Routledge v Mckay
what is said about specalist knowledge
Dick Bently v Harold ? ?
if the person making the contract has expert knowledge then it will most likely be a term
Dick Bentley v Harold Smith Motors
what did the courts say about written contract
if the contract is in writing and does not include the statement the courts will assume it was just a represenation
under the consumer rights act 2015 is states that goods must be S.9,S.10,S.11,S13.14
Roger v P?????
S.9 - satisfactory quality
S.10- fit for purpose
S.11 - must be as described
s.13-s.14 - If you buy based on a sample the full produt must match
Roger v Parish
what does the consumer rights act 2015 state about services
S.49 S.52
services must be
S.49 - performed with reasonable care and skill
S.52- completed within a reaosnable time
what does the consumer rights act 2015 state about the remedies for a breach
S.20 S.23 S.24
s.20 - short term right to reject
s.23 - right to repair or replacement
s.24 - right to price reduction or a final refund
