Types of Terms

Question 1

What are the steps for types of terms?

Answer 1

3 types
Consequences of breach
Representations vs terms

Question 2

What are the 3 types of terms?

Answer 2

Conditions, warranties, innominate terms (these are all express)

Question 3

What is a condition?

Answer 3

A term that is central to the contract explicitly stated as a condition

Question 4

How is a condition defined?

Answer 4

A term so important that failure to perform it would destroy the main purpose of the contract

Question 5

Which case shows a condition?

Answer 5

Poussard v Spiers

Question 6

What is the remedy for a breach of a condition?

Answer 6

Repudiation (contract ends)

Question 7

What is a warranty?

Answer 7

A minor term explicitly stated as a warranty

Question 8

Which case shows a warranty?

Answer 8

Bettini v Gye

Question 9

What is the remedy for a breach of a warranty?

Answer 9

Damages

Question 10

What is an innominate term?

Answer 10

A term that isn’t explicitly stated to be a condition or warranty (it is still express though)

Question 11

Which case shows an innominate term?

Answer 11

Hong Kong Fir Shipping v Kawasaki Kisen Kaisha (Hong Kong case)

Question 12

What is the remedy for a breach of an innominate term?

Answer 12

It is decided whether it is equivalent to a condition or warranty and then the remedy for the respective term occurs - this is based off the definition of a condition

Question 13

What are the 4 things to consider when identifying is a statement is a term or representation?

Answer 13

The importance of the statement
Special knowledge or skill of the person making the statement
The time lag between making the statement and contract
Whether there is a written contract

Question 14

If a statement is important, is it a representation or term?

Answer 14

Term

Question 15

Which case shows an important statement is a term?

Answer 15

Couchman v Hill

Question 16

When does the special knowledge or skill of a person impact whether the statement is a term or representation?

Answer 16

If they are the one being untrue: it is a term
If the other party is the one being untrue: it is a representation

Question 17

Which case shows that an expert being untrue makes that statement more likely to be a term?

Answer 17

Oscar Chess Ltd v Williams

Question 18

Which case shows that being untrue to an expert makes that statement more likely to be a representation?

Answer 18

Dick Bentley Productions v Harold Smith Motors

Question 19

What is the rule on a time lag between making a statement and contract?

Answer 19

If the contract is made later and does not refer to the statement, it is likely to be a representation

Question 20

Which case shows a time lag between making a statement and contract?

Answer 20

Routledge v Mckay

Question 21

How does whether there is a written contract impact whether a statement was a representation or a term?

Answer 21

If there is a written contract, the court presume everything the parties wanted to include as terms are in it, so an oral statement is likely to be a representation