Unit 3 - Contents of a Contract

Question 1

How do we classify terms ?

Answer 1

• Conditions - Important terms and potential remedies are termination and damage, however trivial the breach
• Warranties - less important terms and the only remedy is damages, however serious the breach
• Innominate term - Cannot be classified at the outset because there is such a wide spectrum of possible breaches

Question 2

what are the acts that involve implied statutory terms ?

Answer 2

SUPPLY OF GOODS AND SERVICES ACT 1982
- terms into contracts for services and conracts for work and materials that are not made between a trader and consumer.

CONSUMER RIGHTS ACT 2015
- trader - consumer contracts

SALE OF GOODS ACT (SGA) 1979
- terms for contracts for sale of goods (except when between trader and consumer)

Question 3

Which section of UTCA applies to the exemption clause evaluation when looking at diff breaches ?

Answer 3

Neg breach, or implied by S13 SGSA 82 - S2 UCTA

Breach of implied by SS13 and 14 SGA 79 OR SS3 and 4 SGSA 82 - S6 or 7 UCTA

Breach of Express term - S3 UCTA - only applies it we are dealing with Standard Terms and Conditions