Flashcards
Workshop 4 cases only
Cards in this deck (10)
- 1EXPRESS TERMS- ORAL STATEMENTS-IMPORTANCE OF THE STATEMENT A statement is likely to be seen as a term if the injured party has made the other party aware that, had it not been for that statement, he or she would have not entered into the contract.Bannerman v White [1861]
- 2EXPRESS TERMS- WRITTEN TERMS- PARTIALLY WRITTEN AGREEMENTS Where there is a written document, but the parties clearly intend it to be qualified by an oral statement, the parol evidence rule does not applyCouchman v Hill [1947]
- 3EXPRESS TERMS- ORAL STATEMENTS- SPECIAL KNOWLEDGE AND SKILL- Where a statement is made by someone who has expert knowledge in the area the courts will be more willing to deem that statement a term than if the same words were used by an amateur in the specific area.Oscar Chess v Williams [1957]-in this case the court of appeal stated that the defendants statement was not a contractual term dues to his lack of expertise in the area.
- 4exact same as previous flash card except in this case the court of appeal stated that the defendant's (a car dealer) statement about that car was a contractual term due to his expertise in this specific field.Dick Bentley Productions Ltd v Harold Smith (Motors) Ltd [1965]
- 5EXEMPTION CLAUSES- INCORPORATION BY SIGNATURE- If a document is signed at the time of making a contract, its contents become terms of that contract, regardless of whether they have been read.L'Estrange v Graucob [1934]
- 6INTERPRETATION OF EXPRESS TERMS- the wider use of the matrix of fact is encouraged in the interpretation of a contractInvestors Compensation scheme Ltd v West Bromwich Building Society [1998]
- 7IMPLIED TERMS- TERMS IMPLIED BY TRADE USAGE- where a term would routinely be part of a contract made by parties involved in a particular trade or business, such a term may be implied by the courts.British Crane Hire Corp ltd v Ipswich Plant Hire Ltd [1975]
- 8IMPLIED TERMS-THE BUSINESS EFFICACY TEST- a term can be implied into a contract in order to make the contract work- to give it a business efficacyThe Moorcock [1889]
- 9IMPLIED TERMS- THE OFFICIOUS BYSTANDER TEST- That which any contract is left to be implied and need not to be expressed is something so obvious that it goes without sayingShirlaw v Southern Foundaries [1926]
- 10THE RELATIVE IMPORTANCE OF CONTRACTUAL TERMS- Some terms cannot be defined before breach as conditions or warrantiedHong Kong Fir Shipping Co. Ltd [1962]