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8 Cards in this Set
- Front
- Back
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Describe a term |
A promise which is made and included in a contract |
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Describe a representation |
A statement that induces the making of a contract |
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What will the courts consider to decide whether it is a term or a representation |
- Importance attached to the representation (Couchman v Hill) - Knowledge or skill of the person making the statement (Dick Bentley) - Time lag between statement and contract (Routledge v Mckay) - If there is a written contract |
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Describe an express term |
A written or verbal agreement within the contract |
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Describe implied terms |
An inferred term from common law or statute Common Law: 1.) Through business efficacy - Moorcock (case) - If it was agreed under business terms 2.) Through efficious bystander test - Is the term necessary - If it was obvious for the contract if asked about (Moorcock) 3.) By custom or prior dealings between the parties (Hill v Arcos) |
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What is a condition |
So important that a failure to perform it would destroy the main purpose of the contract. If breached, the claimant can: - Repudiate the contract - Continue and / or - Receive compensation (Poussard) |
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What is a warranty |
A minor term of the contract. If breached, the claimant can: - Receive compensation (Bettini) |
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What is an innominate |
Not clearly a condition or a warranty (intermediate) Treated as a condition or a warranty once the consequences are seen. Test -> whether the party is 'deprived of substantially the whole benefit' |
