Terms of The Contract

Question 1

Dick Bentley v Harold Smith 1965

Answer 1

SPECIAL KNOWLEDGE OR SKILL
Dick was an expert dealer and sold the car to Smith informing him the car had only done 20,000miles
However after it was found to have done alot more than that.
Court held C relied on Ds expert knowledge - Term

Question 2

Couchman v Hill

Answer 2

IMPORTANCE OF THE STATEMENT
Plantiff said he only wanted an unserved heifer, after sale was found to be pregnant. Plantiff sued for breach due to the importance of the representation
Court held was Term

Question 3

Routledge v Mackay

Answer 3

AGREEMENTS IN WRITING
Signed contract of sale for a 1942 motorcycle. was found not be 1942.
As date of motorcyle wasnt speicifed in writing then oral representaion did not matter

Question 4

Parol Evidence Rule

Answer 4

Under this rule, where there is a written contract, extrinsic evidence cannot change the terms laid down in writting

Question 5

Rectification - Exception Parol Evidence

Answer 5

Where document is intended to record a previous oral agreement, but failed to do that accurately - Extrinsic evidence is admitted

Question 6

Partially written contracts - Exception Parol Evidence

Answer 6

Where a written contract was intended to be qualifed by other written or oral terms

Question 7

Dependent on fufilment of Specified Event - Exception Parol Evidence

Answer 7

Parol rule does not apply to extrinsic evidence which shows that the written contract was intended to come into force in particular circumstance

Question 8

Pym v Campbell

Answer 8

Parties orally agreed that their contract would only come into force after their invention was approved by expert

Question 9

Evidence about parties - Exception Parol Evidence

Answer 9

Extrinsic evidence can be used to show capacities in which parties were acting in when they made the contract

Question 10

Proving Custom - Exception Parol Evidence

Answer 10

Where a custom needs to be explained or proved

Question 11

Smith v Wilson

Answer 11

1,000 rabbits in local custom was known to mean 1,200

Question 12

Officious Bystander Test

Answer 12

Term left out by mistake, becuase parties thought it was too obvious to include

Question 13

Shirlaw v Southern Foundaries - Mackinson LJ

Answer 13

OBY Test “Its so obvious it goes wihtout saying”

Question 14

Buissness Efficacy Test - Lord Sumption

Answer 14

“A term can only be implied if wihtout the term, the contract would lack commerical or practicle coherence”

Question 15

The Moorcock 1889

Answer 15

Contract to use jetty and wharf in order to load and store cargo from the Moorcock, Plantiff ship ran aground due to low water levels
Court held that D was liable as jetty and wharf could not be used unless river was safe - BE Test

Question 16

British Crane Hire v Ipswich Plant Hire

Answer 16

Even though the contested terms were not expressly stated in the contract. The hirer was bound by the owners usual terms which were common in the trade

Question 17

Hutton v Warren

Answer 17

Local Custom meant that at the end of an agricultural lease a tenant farmer was entitled to an allowence for seed and labour on the land
Court implied these terms in light of custom

Question 18

Poussard v Spiers and Pond

Answer 18

An actress failed to turn up for first performance
Court held this was a condition - Contract repudiated

Question 19

Bettini v Gye

Answer 19

Singer did not turn up for some of the rehearsals
Court held was condition - Not able to repudiate

Question 20

HK Shipping v Kawasaki

Answer 20

Term of contract was ship must be “in every way fitted for ordinary cargo usage”. In this case a problem with ships engines was considered a warranty so only damages