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11 Cards in this Set
- Front
- Back
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Judicial Checklist |
Used to decide if a statement is a term or mere representation. Timing of statement, Importance of the statement, Strength of inducement, Special knowledge or skill, Reduction into writing. |
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Routledge v McKay |
Timing of statement. (Motorcycle with wrong registration date. Statement made during negotiations, not within the contract.) |
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Bannerman v White |
Importance of statement. (Negotiating sale of hops. Buyer didn't want sulphur-treated hops, seller said their wasn't any. There was. Statement held as a term because of its importance.) |
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Couchman v Hill |
Importance of statement. (Claimant bought heifer from an auction after being assured of its condition. Statement held as a term because of its importance. |
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Schawel v Reade |
Strength of inducement. (Claimant bought horse from defendant. Claimant spotted his inspection of the horse after the defendant said it wasn't needed. Horse was not suitable for stud purposes. Statement held as term because claimant wouldn't have agreed otherwise.) |
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Dick Bentley v Harold Smith Motors |
Special knowledge. (Claimant bought car after defendant stated that it had a new engine and gearbox and only had driven 20k miles. It had actually been driven over 100k miles. Even though the defendant was unaware, they had the special knowledge to discover the true milage.) |
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Oscar Chess Ltd v Williams |
Special knowledge. (Defendant sold a car to claimant and was unaware of the correct registration date. Defendant was not liable because he had no special knowledge to discover the true date.) |
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Chartbrook v Persimmon |
Reduction into writing. (The claimant believed they were not paid enough in a residential payment. The House of Lords held that since the equation to figure the final payment was stated within the contract, they could not accept pre-negotiations. They decided to interpret the contract to make business sense and found for the defendant.) |
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Parole Evidence Rule |
Evidence cannot be submitted to determine the status of a statement. Evidence can bring too much subjectivity and cause lengthy legal sessions. |
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Exceptions to Parol Evidence Rule |
Custom Invalidity Rectification Incompleteness Implied terms Aids to construction Collateral Contracts |
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Collateral Contracts |
A subsidiary contact that induces a person to enter into a main contract or that only exists because of the main contract. Ex: Contractor and subcontractor |
