Flashcards
Contract Law: Terms and Representations
Cards in this deck (9)
- 1Heilbut Symons v Buckleton [1913]There must be a clear intention that statements made should have contractual force.
- 2Bannerman v White (1861)A statement which is a pre-contractual inducement yet untrue is a representation, but a representation may constitute a term if it amounts to a description of the subject matter of the sale.
- 3Oscar Chess v Williams [1957]A statement is a representation where the statement maker has no special knowledge of the subject matter but relies on an official document.
- 4Dick Bentley Productions Ltd v Harold Smith [1965]Where a statement is made by a person professing to have special knowledge, the statement may constitute a term, assuming that reasonable care and skill had been taken in making the statement.
- 5Jacobs v Batavia [1924]Under the parol evidence rule, parol evidence (i.e. something agreed orally or in separate writing) cannot be admitted to add to, vary or contradict a deed or other written instrument.
- 6Evans v Merzario [1976]Where the contract is partly written and partly oral, the court must consider all the evidence from start to finish in order to deduce the bargain struck between the parties. An oral promise may be considered enforceable as a contractual term.
- 7De Lassale v Guildford [1901]In spite of the parol evidence rule, courts may give effect to oral promises as independent / collateral contracts for which the consideration was entering the main contract.
- 8City and Westminster Properties v Mudd [1958]Even if the collateral contract contradicts the terms of the major contract, the collateral contract can still operate as a means of avoiding the parol evidence rule.
- 9L'Estrange v Graucob [1934]A party is generally bound by anything that they have signed, whether or not they have read it.
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- Law (Contract Law) Flashcards on Contract Law: Terms and Representations, created by thierry fasnacht on 19/01/2018.
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- Created by a deleted user · May 5, 2013
- Copied by thierry fasnacht · Jan 19, 2018
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