Terms of contract

Question 1

What are the two ways a contracts terms can be agreed?

Answer 1

Expressed and implied

Question 2

What are the three categories of terms?

Answer 2

Condition
Warranty
Innominate terms

Question 3

What are conditions?

Answer 3

A failure to perform the obligation would destroy the contract. If this occurs the contract can be repudiated

Question 4

What case is an example of a condition?

Answer 4

Poussard v Spiers and Pond

Question 5

What is the case of Poussard v Spiers and Pond?

Answer 5

Actress agreed to perform lead role failed to turn up she had broken her contract

Question 6

What is repudiation?

Answer 6

Ending of a contract due to the failure to perform the obligation

Question 7

What is a warranty?

Answer 7

A minor term in the contract. only damages can be claimed

Question 8

What case is an example of a warranty?

Answer 8

Bettini v Gye

Question 9

What is the case of Bettini v Gye?

Answer 9

Missed rehearsals not the actual performance can still deduct wages

Question 10

What are innominate terms?

Answer 10

Condition not defined as a condition or warranty so is decided by the consequences of any breach of the term

Question 11

What case is an example of an Innominate term?

Answer 11

Hong Kong Fir Shipping Co. Ltd v Kawasaki

Question 12

What is the case of Hong Kong Fir Shipping Co. Ltd v Kawasaki?

Answer 12

Eighteen weeks use of the ship was lost due to engines not working was a breach of warranty

Question 13

What 4 factors do the court use to determine the difference between a term or a representation?

Answer 13

• Importance
• Special knowledge or skill of the person making statement
• Time lag between saying and making
• Whether written in the contract

Question 14

What case is an example of of importance attached to the representaion?

Answer 14

Couchman v Hill

Question 15

What is the case of Couchman v Hill?

Answer 15

statement about whether an animal was pregnant or not was a term

Question 16

What two cases relate to the person making the statement having special knowledge or skill?

Answer 16

Oscar Chess v Williams
Dick Bentley v Harold Smith Motors

Question 17

What is the case of Oscar Chess v Williams?

Answer 17

Private seller of car believed car to be a 1948 model but was much older was not a term

Question 18

What is the case of Dick Bentley v Harold Smith Motors?

Answer 18

Car dealer stated cars milage as much lower than actual milage even though not written was taken as a term

Question 19

What case is an example of a time lag between a statement and a contract?

Answer 19

Routledge v Mackay

Question 20

What is the case of Routledge v Mackay?

Answer 20

The statement was a representation and not a term

Question 21

Can terms be implied into the law through common law or a statute?

Answer 21

Yes

Question 22

What two Act’s are used in a business to business contract?

Answer 22

Sales of Goods Act 1979
Sales of Goods and Services Act 1982

Question 23

What Act is used for a business to consumer contract?

Answer 23

Consumer Rights Act 2015

Question 24

What are the two ways terms can be implied by common law?

Answer 24

Through business efficacy and the officious bystander test
By custom or prior dealings between the parties

Question 25

What is meant by implied terms through business efficacy and the officious bystander test?

Answer 25

Court will imply the term into a contract if the term makes the contract work

Question 26

What two cases are examples of Business Efficacy?

Answer 26

The Moorcock Schawel v Reade

Question 27

What is the case of the Moorcock?

Answer 27

The **court implied a term** that the ship would be safe mooring and not be damaged

Question 28

What is the case of Schawel v Reade?

Answer 28

Farmer said stallion was fit for stud but it wasnt the term was not expressed but there is an **implied term** that it would be **fit for stud**

Question 29

What are the three cases that relate to the officious bystander test?

Answer 29

Shirlaw v Southern Foundries Hollier v Rambler Motors M&S Plc v BNP

Question 30

What was stated in Shirlaw v Southern Foundries Ltd?

Answer 30

something that is implied is **"so obvious that it goes without saying"**

Question 31

What is the case of Hollier v Rambler Motors?

Answer 31

Failure to sign a document on one occasion did not prevent them being present in the contract

Question 32

What case said that terms will not be implied if the parties would never have agreed to them?

Answer 32

Shell UK v Lostock Garage Ltd

Question 33

What is the case of Marks and Spencers Plc v BNP?

Answer 33

Reasonableness is to be judged objectively

Question 34

Can terms be implied by custom? | Yes/No Question?

Answer 34

Yes

Question 35

What is a case that relates to terms from custom?

Answer 35

Hutton v Warren

Question 36

What is the case of Hutton v Warren?

Answer 36

court said terms of lease must be viewed in light of the custom

Question 37

Can terms be implied by prior dealings between the party and what case is an example of this?

Answer 37

Yes Hillas v Arcos

Question 38

What is the case of Hillas v Arcos?

Answer 38

Old contract promised a further 100,000 lengths of timber later the firm claimed this and the court said it was an implied term

Question 39

Can terms be implied by a statute? | Yes/No Question?

Answer 39

Yes

Question 40

What are the three terms implied by the Sale of Goods Act 1979?

Answer 40

S13-The implied condition as to **description** S14(2)-The implied condition that the goods are of **satisfactory quality** S14(3)-The implied condition that the goods are **fit for purpose**

Question 41

What two cases are examples of S13 SoGA 1979 - description?

Answer 41

Re Moore and Landauer Arbitration Beale v Taylor

Question 42

What is the case of Re Moore and Landauers Arbitration?

Answer 42

Cartons needed to contain 30 tins but instead contained 24 breach

Question 43

What is the case of Beale v Taylor?

Answer 43

Car was welded from two different models breach

Question 44

Four points of satisfactory quality under S14(2)?

Answer 44

fit for purpose appearance and finish freedom from minor defects safety and durability

Question 45

Does S14(2) apply if the defects where brought to the buyers attention before sale? | Yes/No Question?

Answer 45

No

Question 46

What case is an example of S14(3)-Fit for purpose?

Answer 46

Baldry v Marshall

Question 47

What is the case of Baldry v Marshall

Answer 47

wanted a fast flexible car Bugatti **sold** him **car** that was **not fit for purpose**

Question 48

When is fit for purpose most important?

Answer 48

When the purchaser has specified a particular purpose

Question 49

What are the two important sections from The Supply of Goods and Services Act 1982?

Answer 49

S13 and S14

Question 50

What is S13 of the Supply of Goods and Services Act 1982?

Answer 50

Implied term that the service will be carried out with **reasonable care and skill**

Question 51

What two cases apply to S13 of the Supply of Goods and Services Act 1982?

Answer 51

Thake v Maurice Wilson v Best Travel

Question 52

What is the case of Thake v Maurice?

Answer 52

Man had vasectomy but wife became pregnant the surgeon **reached** the **level of care and skill** required so claim unsuccessful

Question 53

What is the case of Wilson v Best Travel?

Answer 53

Claimant fell through glass door while on holiday in Greece up to Greek building Regs so no breach

Question 54

What is the Act that protects consumers?

Answer 54

The Consumer Rights Act 2015

Question 55

What are the sections you need to know from CRA 2015?

Answer 55

S9, S10, S11, S20, S23, S24, S49, S52, S55, S56, S62, S32, S57

Question 56

What does S9 of The CRA 2015 state?

Answer 56

the quality of goods is satisfactory

Question 57

What 2 things does S9 satisfactory quality take into account?

Answer 57

Description of goods Price

Question 58

What does S10 of the CRA 2015 state?

Answer 58

If the consumer makes known a particular purpose for the good it must be fit for purpose

Question 59

What does S11 of the CRA 2015 state?

Answer 59

Goods will match the description

Question 60

What sections of The CRA 2015 contain the **remedies** for failure to provide the rights of the **supply of goods**?

Answer 60

S20, S23, S24

Question 61

What is S20 of the CRA 2015?

Answer 61

Short term right to reject(30 days)

Question 62

What does S23 of the CRA 2015 state?

Answer 62

The right to repair or replacement

Question 63

What does S24 of The CRA 2015 state?

Answer 63

The right to a price reduction or the final right to reject (up to 6 months)

Question 64

What sections of The CRA 2015 contain the implied rights with respect to the supply of services? | 2 sections

Answer 64

S49 and S52

Question 65

What does S49 of the CRA 2015 state?

Answer 65

Trader must perform the service with reasonable care and skill

Question 66

What does section 52 of the CRA 2015 state?

Answer 66

The service must be performed within reasonable time

Question 67

What two sections of the CRA 2015 contain the remedies to failure to provide rights with a **service**?

Answer 67

S55 and S56

Question 68

What does S55 of the CRA 2015 state?

Answer 68

Right to require repeat performance

Question 69

What does S56 of the CRA 2015 state?

Answer 69

The right to a price reduction

Question 70

What is S62 of The CRA 2015?

Answer 70

Must be fair to consumer

Question 71

What is S31 of The CRA 2015?

Answer 71

Can't exclude goods law

Question 72

What is S57 of The CRA 2015?

Answer 72

Can't exclude services law