Express Terms

Aryn Rozali
Mind Map by Aryn Rozali, updated more than 1 year ago
Aryn Rozali
Created by Aryn Rozali over 4 years ago
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Express terms is one of the contents in contract.
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Resource summary

Express Terms
1 Four Guidelines to distinguish terms and representations
1.1 Time lapse

Annotations:

  • The court will look at the length of time between the statement was made until the party entered the contract. The longer the duration, the more likely the statement is a representations.
1.1.1 Van Den Esschert v Chappel ( White Ants)

Annotations:

  • In Van Den Esschert v Chappel, the court held that the statement made by the def was a term because the parties entered into the contract immediately after the def assured the plf that the house was not infested by termites.
1.2 Importance of statement to party

Annotations:

  • If the innocent party place a greater importance upon a statement, the statement will be regarded as a term.
1.2.1 Bannerman v White (Sulphur in Hops)

Annotations:

  • In Bannerman v White, the court held that the statement made by the def was a term as the plf placed a great importance to the use of sulphur in the hops. The plf added that if there was a use of sulphur in the hops, the plf would not even bother to buy it.
1.3 Special skills and knowledge of the maker of statement

Annotations:

  • If the maker of the statement has special skills and knowledge compared to the other party, the court will classify the statement made as a term rather than representations.
1.3.1 Tan Chong & Sons Motor Company Sdn Bhd v Alan McKnight (Failure to comply Australian Design Regulations)

Annotations:

  • In Tan Chong & Sons Motor Company Sdn Bhd v Alan McKnight, the court held that the statement made by the appellants' salesman regarding the car to comply with the Australian Design Regulations was a term because they have the special skills and knowledge on cars compared to the respondent.
1.4 Statement reduced to writing

Annotations:

  • If the contract has been reduced to a document, and the statement in question is not included, it is more likely that the statement is a representation.
1.4.1 Routledge v Mckay (Model year of bike)

Annotations:

  • In Routledge v Mckay, the court held that the statement made by the def was a representations because the statement was not reduced to writing. It shows that the model of the motorcycle does not place a great importance to the contract.
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