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Contract Law > Terms of contract > Flashcards

Terms of contract Flashcards

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1
Q

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

A

Expressed and implied

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2
Q

What are the three categories of terms?

A

Condition
Warranty
Innominate terms

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3
Q

What are conditions?

A

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

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4
Q

What case is an example of a condition?

A

Poussard v Spiers and Pond

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5
Q

What is the case of Poussard v Spiers and Pond?

A

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

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6
Q

What is repudiation?

A

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

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7
Q

What is a warranty?

A

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

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8
Q

What case is an example of a warranty?

A

Bettini v Gye

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9
Q

What is the case of Bettini v Gye?

A

Missed rehearsals not the actual performance can still deduct wages

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10
Q

What are innominate terms?

A

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

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11
Q

What case is an example of an Innominate term?

A

Hong Kong Fir Shipping Co. Ltd v Kawasaki

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12
Q

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

A

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

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13
Q

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

A

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

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14
Q

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

A

Couchman v Hill

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15
Q

What is the case of Couchman v Hill?

A

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

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16
Q

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

A

Oscar Chess v Williams
Dick Bentley v Harold Smith Motors

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17
Q

What is the case of Oscar Chess v Williams?

A

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

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18
Q

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

A

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

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19
Q

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

A

Routledge v Mackay

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20
Q

What is the case of Routledge v Mackay?

A

The statement was a representation and not a term

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21
Q

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

A

Yes

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22
Q

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

A

Sales of Goods Act 1979
Sales of Goods Act 1982

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23
Q

What Act is used for a business to consumer contract?

A

Consumer Rights Act 2015

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24
Q

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

A

through business efficacy and the officious bystander test
by custom or prior dealings between the parties

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25
Q

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

A

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

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26
Q

What two cases are examples of Business Efficacy?

A

The Moorcock
Schawel v Reade

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27
Q

What is the case of the Moorcock?

A

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

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28
Q

What is the case of Schawel v Reade?

A

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

29
Q

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

A

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

30
Q

What was stated in Shirlaw v Southern Foundries Ltd?

A

something that is implied is “so obvious that it goes without saying”

31
Q

What is the case of Hollier v Rambler Motors?

A

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

32
Q

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

A

Shell UK v Lostock Garage Ltd

33
Q

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

A

Reasonableness is to be judged objectively

34
Q

Can terms be implied by custom?

A

Yes

35
Q

What is a case that relates to terms from custom?

A

Hutton v Warren

36
Q

What is the case of Hutton v Warren?

A

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

37
Q

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

A

Yes
Hillas v Arcos

38
Q

What is the case of Hillas v Arcos?

A

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

39
Q

Can terms be implied by a statute?

A

Yes

40
Q

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

A

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

41
Q

What two cases are examples of S13-description?

A

Re Moore & Co and Landauer & Co’s Arbitration
Beale v Taylor

42
Q

What is the case of Re Moore & Co and Landauer & Co’s Arbitration?

A

Cartons needed to contain 30 tins but instead contained 24 breach

43
Q

What is the case of Beale v Taylor?

A

Car was welded from two different models breach

44
Q

Four points of satisfactory quality under S14(2)?

A

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

45
Q

Does S14(2) apply if the defects where brought to the buyers attention before sale?

A

No

46
Q

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

A

Baldry v Marshall

47
Q

What is the case of Baldry v Marshall

A

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

48
Q

When is fit for purpose most important?

A

When the purchaser has specified a particular purpose

49
Q

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

A

S13 and S14

50
Q

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

A

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

51
Q

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

A

Thake v Maurice
Wilson v Best Travel

52
Q

What is the case of Thake v Maurice?

A

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

53
Q

What is the case of Wilson v Best Travel?

A

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

54
Q

What is the Act that protects consumers?

A

The Consumer Rights Act 2015

55
Q

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

A

S9, S10, S11, S20, S23, S24, S49, S52, S56

56
Q

What does S9 of The CRA 2015 state?

A

the quality of goods is satisfactory

57
Q

What does S9 satisfactory quality take into account?

A

Description of goods
Price

58
Q

What does S10 of the CRA 2015 state?

A

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

59
Q

What does S11 of the CRA 2015 state?

A

Goods will match the description

60
Q

What sections contain the remedies for failure to provide the rights of the supply of goods?

A

S20, S23, S24

61
Q

What is S20 of the CRA 2015?

A

Short term right to reject(30 days)

62
Q

What does S23 of the CRA 2015 state?

A

The right to repair or replacement

63
Q

What does S24 of the CRA 2015 state?

A

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

64
Q

What sections contain the implied rights with respect to the supply of services?

A

S49 and S52

65
Q

What does S49 of the CRA 2015 state?

A

Trader must perform the service with reasonable care and skill

66
Q

What does section 52 of the CRA 2015 state?

A

The service must be performed within reasonable time

67
Q

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

A

S55 and S56

68
Q

What does S55 of the CRA 2015 state?

A

Right to require repeat performance

69
Q

What does S56 of the CRA 2015 state?

A

The right to a price reduction

Contract Law (5 decks)

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