Terms of a Contract

Question 1

Importance of the term

Answer 1

Bannerman v White

Question 2

Timing

Answer 2

Routledge v McKay

Question 3

Reduction of contract into writing

Answer 3

Routledge v McKay

Question 4

Exclusion of oral statement in written contract is not decisive in itself, consider other factors

Answer 4

Birch v Paramount

Question 5

Special skill or knowledge

Answer 5

Oscar Chess v Williams

Dick Bentley v Harold Smith

Question 6

Checks - vendor discouraged further checks - term

Answer 6

Schawel v Reade

Question 7

Checks - vendor encouraged further checks - representation

Answer 7

Ecay v Godfrey

Question 8

Parole Evidence Rule

Answer 8

extrinsic evidence, oral or otherwise, may not be adduced which seeks to add, vary or contradict terms of a written contract

Jacobs v Batavia

Question 9

Circumvention of parole evidence rule - part written part oral contract

Answer 9

J Evans v Andrea Merzario

Question 10

Circumvention of parole evidence rule - collateral contracts

Answer 10

Helibut Symons v Buckleton

Question 11

A collateral contract may be found even where it contradicts the main contract

Answer 11

City & Westminster Properties v Mudd

Question 12

Collateral contract may be with a third party

Answer 12

Shanklin Pier v Detel

Question 13

Where a term is particularly onerous, the party seeking to enforce it must show it was reasonably and fairly brought to the attention of the other

Answer 13

Interfoto v Stiletto

Question 14

Terms will only be implied where there is a binding contract

Answer 14

Scancarriers

Question 15

Terms implied in fact - trade customs

Answer 15

British Crane Hire v Ipswich Plant

Question 16

Course of dealing must be consistent

Answer 16

McCutcheon v MacBrayne

Question 17

Course of dealing must be regular

Answer 17

Hollier v Rambler Motors - 3/4 times over 5 years

Henry Kendall v William Lillico - 3/4 times a month for 3 years

Question 18

Terms implied in fact - business efficacy

Answer 18

The Moorcock

Shirlaw v Southern Foundaries - officious bystander

Question 19

Buyer of car discovered it was stolen - breach of s12(1) SGA 1979

Answer 19

Rowland v Divall

Question 20

s13 - correspondence with description applies to private sales

Answer 20

Beale v Taylor

Question 21

Hot water bottle burst - not fit for purpose

Answer 21

Priest v Last

Question 22

Woollen underpants caused dermatitis - not fit for purpose

Answer 22

Grant v Australian Knitting Mills

Question 23

Product must continue to be fit/stay in reasonable condition for a reasonable time after delivery

Answer 23

Lambert v Lewis

Question 24

Product must be suitable for specific purpose made known, unless unreasonable to rely on skill and judgement of seller

Answer 24

Balmoral group v Borealis

Question 25

Term going to root of contract is a condition

Answer 25

Poussard v Spiers

Question 26

Term that is collateral to the main purpose of the contract is a warranty

Answer 26

Bettini v Gye

Question 27

Parties can classify terms, but not decisive

Answer 27

Schuler v Wickman (Lord Wilberforce dissenting due to uncertainty)

Question 28

Innominate terms

Answer 28

Hong Kong Fir Shipping - does breach deprive party of substantially the whole benefit?

Question 29

Mere Puff

Answer 29

Dimmock v Hallett