Statement as Term: Was the statement so crucial that 'but for' the statement they would not have entered into the contract

Statement as Term: Statements are more critical if made at the time of contracting rather then before

Statement as Term: Statements that are verbal are not as binding, especially if they are later omitted from written forms

Statement as Term: Verbal, non included statements can be significant if the speaker is held to have special knowledge

Statement of Term: the vendor can make an assumption of responsibility for the soundness of a sale item - this will be deemed contractual

Parole evidence presumption: Presumption that external evidence cannot be used to reinterpret a contract

The parole evidence rule is avoided by using the verbal and written contracts seperatly

Entire agreement clauses are used (but courts don't like them as a way of dodging liability)

Particularly onerous or unusual terms should be brought explicitly to the attention of the other party

Implication into contracts onlu applies if a contract has been formed

If a term is clearly mentioned in the contract a court will not imply it in

Terms may be implied in as a result of normal dealings between parties

Terms are implied if it is obviously a needed term and would make someone go "well of course"

Terms are implied in as a matter of common law if necessary (an obligation for the landlord to repair the property)

The s12 Sale of Goods Act is implied into contracts

s13 Sale of Goods Act is implied into contracts

s14 Sale of Goods Act is implied into contracts

Conditions/Warranties

Modern distinctions involving inomminate clauses comes from ...

Termination cannot be used absuviely, for example rejecting timber because it only 99% matches the description

An exemption clause is one that excludes or modifies an obligation

ExCl: Can be incorporated through signature - basis for the small print exemptions

ExCl: Signature Incorporations can be invalidated by overwhelming oral assurance

ExCl: Incorporation through notice

ExCl: Clauses through notice can be unincorporated if they are meant to be hidden (written in German)

ExCl: Incorporation by course of dealing relies on constant dealing

ExCl: Clauses can only be incorporated before or at the time of contract

ExCl: They must be in the document not included in a mere receipt

ExCl: ContribNeg clauses must meet the test
1. Explicitly mention "Negligence"
2. Are the word wide enough
3. Are they too wide

Synonym for negligence is sufficient