Terms/Representations

Question 1

What is a contractual term?

Answer 1

An express or implied agreement within the contract from the parties

Question 2

What is a representation?

Answer 2

Statement encouraging party to enter contract
- Not part of contract
- Can be misrepresentations

Question 3

4 ways to differentiate between a Term and Representation?

Answer 3

• Importance
• Special knowledge/skill
• Whether written
• Time lag

Question 4

Explain Importance
- With cases

Answer 4

The more important it is, the more likely it is a Term
- Couchman v Hill

Question 5

Explain Special Knowledge/Skill
- With cases

Answer 5

More likely a term if made by person with specialist knowledge or skill
- Oscar Chess v Williams

Question 6

Explain Time Lag
- With cases

Answer 6

The longer time elapsed after statement is made, the less likely it’s a Term
- Routledge v Mckay

Question 7

What does Goss v Lord Nugent confirm about terms in contracts?

Answer 7

Parties are bound by all that is in contract

Question 8

What does L’Estrange v Graucob confirm about Terms in contracts?

Answer 8

Parties are bound by their signature, whether they read the contract or not