Terms of contract I & II Flashcards
What case states that the timing of a representation affects whether it is a term or not?
Routledge v McKay - Made representation about the age of a motorbike
What 2 cases show that specialist knowledge affects whether the representation is a term or not?
Oscar Chess v Williams - Buyer was expert so should have known - no term
Dick Bentley v Harold Smith - Seller was expert so representation is term
What cases show that checks affect whether a representation is a term?
Schawel v Reade - Prevented checks, so representations became terms, as prevention indicated representations were true
Hopkins v Tanqueray - Checks prevented, but representations not terms as a day elapsed and it was an auction
What is the parol evidence rule?
Extrinsic evidence may not be added to a written contract
What is the case which states that where contracts are not wholly written extrinsic evidence may be added?
J Evans v Andrea Merzario - Machinery not kept in hold, orally stated.
Describe the facts of City of Westminster v Mudd.
Collateral contract made allowing mudd to sleep in commercial unit, original term therefore unenforceable
What is the rule regarding onerous terms?
Interphoto v Stiletto - The more onerous the term the more flagged it has to be to make it enforceable
What is an entire agreement clause?
Inntrepeneur Pub v East Crown - Tried to get out of beer tie agreement on a verbal assurance. However could not use as an entire agreement clause existed meaning no extrinsic evidence or representations could be applied
What are the 3 ways which terms can be implied?
In fact
In law
By statute
What is the authority for an implied term via an officioius bystander?
Shirlaw v Southern Foundries
The Moorcock - describe
A ship rested on the seabed but the ground was not appropriate and damaged the boat. Implied term that the boat should be rested on appropriate ground
British Crane Hire v Ipswich Planty
No term as to who should collect the crane, therefore implied term inserted according to trade custom
What case demonstrates that an implied term may be inserted due to the previous course of business dealings?
McCutcheon v MacBrayne
What 2 cases show that the courts will insert a term where it is necessary?
Liverpool CC v Irwin
Mahmud v BCCI
What does s12 of the SGA 1979 state?
You must have the title to the goods you are selling
What does s13 of the SGA 1979 state?
Where a sale is made by description the product must conform to the description
What does s14 of the SGA 1979 state?
The fitness and quality of the product must reach a reasoanble standard
The product must be durable for a reasonable time period
What happened in the case of Priest v Last?
A hot water bottle was purchased which burst. Not fit for purpose or quality violating s14
What does s14(3) SGA 1979 state? What case suppots this?
Where a buyer makes a specific purpsoe known, the seller implicitly approves the goods are acceptable for this purpose
Balmoral v Broealis
What section states that if the goods are sold by sample, the rest of the product must conform to the sample?
S15 SGA 1979
What does the supply of goods and services act 1982 state?
S13 – Reasonable care and skill
S14 – Within a reasonable time
S15 – Pay reasonable consideration
What are the 3 types of term?
Conditions
Warranties
Innominate terms
Describe the facts of Poussard v Spiers and why this term was a condition.
Opera singer contracted to attend rehearsals, first night and rest of opera. Due to illness didn’t attend till a week in. Held to be a condition as went to the root of the matter
Describe the facts of Bettini v Gye and why this isn’t a condition.
Contracted to atttend rehearsals and shows. Only attended 2 days of rehearsals. Contracted wrongly repudiated, as warranty rather than condition, as didn’t go to the route of the matter
