Terms of a Contract Flashcards
Importance of the term
Bannerman v White
Timing
Routledge v McKay
Reduction of contract into writing
Routledge v McKay
Exclusion of oral statement in written contract is not decisive in itself, consider other factors
Birch v Paramount
Special skill or knowledge
Oscar Chess v Williams
Dick Bentley v Harold Smith
Checks - vendor discouraged further checks - term
Schawel v Reade
Checks - vendor encouraged further checks - representation
Ecay v Godfrey
Parole Evidence Rule
extrinsic evidence, oral or otherwise, may not be adduced which seeks to add, vary or contradict terms of a written contract
Jacobs v Batavia
Circumvention of parole evidence rule - part written part oral contract
J Evans v Andrea Merzario
Circumvention of parole evidence rule - collateral contracts
Helibut Symons v Buckleton
A collateral contract may be found even where it contradicts the main contract
City & Westminster Properties v Mudd
Collateral contract may be with a third party
Shanklin Pier v Detel
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
Interfoto v Stiletto
Terms will only be implied where there is a binding contract
Scancarriers
Terms implied in fact - trade customs
British Crane Hire v Ipswich Plant
