Terms Of A Contract

Question 1

Routledge v McKay (1954)

Answer 1

The shorter the time between a statement and contract formation more likely the statement is to be a term

Question 2

Bannerman v White (1861)

Answer 2

Where a party states an issue that is very important this is more likely to be a term

Question 3

Birch v Paramount Estates Ltd 1956

Answer 3

A statement not included in the written agreement is usually a mere representation but sometimes a contract can be partly written and partly oral

Question 4

The Moorcock 1889

Answer 4

The business efficacy test applies into contracts terms that are necessary for the contract to be workable.

Question 5

Shirlaw v Southern Foundries Ltd 1939

Answer 5

Officious bystander test where if a bystander was asked whether a term was part of a contract he would say of course

Question 6

Attorney General of Belize and others v Belize telecom ltd 2009

Answer 6

Lord Hoffman stated the only question is what the contract document, read as a whole in light of the relevant background, would mean to a reasonable person.

Question 7

Liverpool city council v Irwin 1976

Answer 7

HoL implied a landlords duty to take reasonable care to keep in reasonable repair and usability the common parts of the tenanted building. Terms implied by the courts by law.

Question 8

Hutton v Warren 1836

Answer 8

Terms may be implied by custom even when the parties have not discussed them

Question 9

Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd (1962)

Answer 9

Innominate terms created to provide a mechanism to create fairness