Express Terms

Question 1

What are express terms?

Answer 1

Agreed by parties when contract was negotiated, parties are aware of these

Question 2

What can express terms be?

Answer 2

• Verbal statements made by one party to another
• Written/contained in a signed document
• Included in a notice that was available to be seen before the contract was made

Question 3

What are verbal statements

Answer 3

Parties may make verbal statements to induce the other side to enter the contract, if false they will be deemed misinterpretation

Question 4

What are the three factors in verbal statements

Answer 4

• Importance of statement
• Special knowledge or skills
• Time between making the statement and making the contract

Question 5

Importance of the statement (verbal)

Answer 5

More important the statement, the more likely it is to be a term of the contract

Question 6

Importance of the statement (verbal) case

Answer 6

Bannerman v White

Question 7

Special knowledge or skills (verbal)

Answer 7

Where statement is made by someone with special knowledge/skill, more likely to be seen as a term

Question 8

Special knowledge or skills (verbal) case

Answer 8

Dick Bentley v Harold Smith Motors

Question 9

Time between making the statement and making the contract (verbal)

Answer 9

Lapse of time may be too great to incorporate statement into contract as a term

Question 10

Time between making the statement and making the contract (verbal) case

Answer 10

Routledge v McKay

Question 11

What is the parol evidence rule? (Written or signed documents)

Answer 11

Where there is a written contract, its presumed this contains everything the parties wanted to include as a term

Question 12

Parol evidence rule (Written or signed documents) case

Answer 12

Couchman v Hill

Question 13

What is the rule from L’Estrange v Graucob? (Written or signed documents)

Answer 13

If party signs written doc containing contractual terms, they are bound by it, even if they haven’t read it

Question 14

Case for written or signed documents (Written or signed documents)

Answer 14

Grogan v Robin Meredith Plant Hire

Question 15

What is incorporation by notice? (incorporation by notice)

Answer 15

Written term will be part of contract if doc is contractual and other party has been given reasonable notice of the term’s existence before or at the time of contracting

Question 16

Case for reasonable notice (incorporation by notice)

Answer 16

Parker v South East Railway

Question 17

Case for before or at the time of contracting (incorporation by notice)

Answer 17

Thornton v Shoe Lane Parking

Question 18

Unusual or harsh terms (incorporation by notice)

Answer 18

A higher standard of incorporation is required of particularly harsh or unusual terms

Question 19

Case for unusual or harsh terms (incorporation by notice)

Answer 19

Interfoto Picture Library v Stiletto