Express Contractual Terms

Front 1

what do courts look at when determining if a statement is a term of a contract or a mere pre contractual statement

Back 1

the importance/timing/expertise/ special knowledge of the statement

Front 2

what are express terms

Back 2

a promise by one party to another as regards to the truth of the statement

Front 3

what form can express terms come in

Back 3

written or verbal

Front 4

whats the 4 kinds of issues that can arise with express terms

Back 4

not a complete record of the parties’ agreement

doesnt represent true intention

written terms that also form part of the contract

disagreement to the meaning of the express terms

Front 5

when might the parol evidence rule be disapplied

Back 5

if the intention of the parties was to enter into two related agreements (principal and the collateral)

Front 6

in which case is the parol evidence rule disapplied

Back 6

City and Westminster Properties Ltd v Mudd and Esso Petroleum

Front 7

what case is the L’Estrange rule based on

Back 7

Peekay Intermark Ltd v Australia and New Zealand Banking Group Ltd

vending machine case

Front 8

what was stated by Moore Bick LJ in Peekay Intermark Ltd

Back 8

contract may be rescinded if one party has been induced to enter into it by fraud or misrepresentation

Front 9

what case shows a limitation to the l’estrange rule

Back 9

Curtis v Chemical Cleaning and Dyeing Co

Front 10

what happened in Cutis v Chemical Cleaning and Dyeing Co

Back 10

C wasnt bound by a single receipt because she was misled by D as to the terms and conditions of the contract

Front 11

what are examples of statutory limitations to the l’estrange principle

Back 11

Unfair Contract Terms Act

Consumer Rights Act

Front 12

what are the four examples of express terms of oral contracts

Back 12

Incorporation by signature

incorporation by reasonable notice

incorporation on the grounds of a consistent course of dealing

incorporation on the grounds of common understanding

Front 13

what are the 3 ways the court may assess the reasonabless of the notice

Back 13

the nature of the document

the extent of the notice

the timing of the notice

Front 14

what case shows the nature of the document being important when considering the reasonableness of a notice

Back 14

Chapelton v Barry Urban District Council

injured deck chair

was a receipt not a notice

ticket could be obtained after the deckchair was used

contractual terms that are very eroneous/ limiting then more of an effort needs to be made

Front 15

what is the parole evidence rule

Back 15

if the contract is written then that writing is the whole contract and the parties cannot add to, vary or contradict that writing

Front 16

what case did the parole evidence rule originate from

Back 16

Shogun Finance Ltd v Hudson

Front 17

what kind of terms does the parole evidence rule apply to

Back 17

only to express terms, not implied terms

Front 18

on what grounds must the party dispute the validity of a contract for the court to consider oral and other evidence

Back 18

mistake

misrepresentation

incapacity

Front 19

under what circumstances will the court accept parol evidence

Back 19

if the contract was intended to be partly written and partly verbal

Front 20

what case says the court will consider parol evidence if the contract was intended to be partly written and verbal

Back 20

J Evans & Son Ltd v Andrea Merzario

Front 21

what can parol evidence be used for

Back 21

explaining the meaning of words that are very ambiguous or do not make any sense

Front 22

what case says that if parties make a mistake when transcribing the oral agreement into a written one, then parol evidence can be admitted and rectification is allowed

Back 22

Webster v Cecil

Front 23

what kind of remedy is rectification of a contract

Back 23

equitable remedy

Front 24

when might the parol evidence rule be disapplies and which case says this

Back 24

if the intentions of the parties was to enter into two related agreements

City and Westminster Properties Ltd v Mudd and Esso Petroleum

Front 25

what was said in Esso Petroleum

Back 25

estimates given were a collateral warranty

Front 26

what case examines the extent of the notice when assessing the reasonableness of a notice

Back 26

Parker v South Eastern Railway

Front 27

what happened in Parker v South Eastern Railway

Back 27

P receives ticket for depositing bag in a cloakroom

his bag was stolen

ticket said ‘see back’ which had an exclusion clause

CA asked whether the company did enough to draw attention to this clause

Front 28

which case introduced the red hand rule

Back 28

Lord Denning in Spurling v Bradshaw

Front 29

what does the red hand rule mean

Back 29

some clauses are so eroneous and restrictive that you have to have something really noticeable

Front 30

what case shows how the courts look at the timing of the notice when assessing the reasonableness of the notice

Back 30

Olley v Marlborough Court

the Olley’s introduced to t’s&c’s when they entered the hotel room after they paid and entered the contract

Front 31

what are the 2 express terms of oral contracts

Back 31

incorporation on the grounds of consistent course of dealing

incorporation on the grounds of common understanding

Front 32

which case shows incorporation on the grounds of a consistent course of dealing

Back 32

Spurling v Bradshaw

damaged orange juice

if parties contract on a regular basis then the terms may be effectively incorporated on the basis of this consistent practice and a notice is not required

Front 33

what do the parties need to prove in order to rely on incorporation

Back 33

that the course of dealing was sufficiently consistent

Front 34

which case shows incorporation on the grounds of common understanding

Back 34

British Crane Hire Corporation Ltd v Ipswich Plant Hire Ltd

Front 35

what happened in British Crane Hire Corporation Ltd v Ipswich Plant Hire Ltd

Back 35

had a written contract

made second oral contract on the phone

P sent printed form later with t’s and c’s

D failed to sign the form

Crane sank P filed claim against C

CA said terms were still properly incorporated because if the parties trading practices and common understanding of who bears responsibility in these matters

Front 36

how likely is it that the court will consider terms to be incorporated properly on the grounds of ‘common understanding’

Back 36

quite unlikely

if it is allowed it tends to just be for standard terms and conditions