Terms

Question 1

Interfoto v stiletto visual productions

Answer 1

Particularly harsh or unusual terms must be brought to the other sides atatention or made prominent

Question 2

Kendall v William lillico

Answer 2

Terms may be incorporated by a course of dealings if they are regular and consistent

Question 3

British crane hire v Ipswich plant hire

Answer 3

Terms may be implied by custom as long as both parties are aware and that thjere was a common understanding pf the terms to be used

Question 4

Expressed terms

Answer 4

Specifically agreed between` the parties

Question 5

Implied terms

Answer 5

Not explicitly stated in the contractor but are none the less are part of the contract

Question 6

What are the 3 categories of term

Answer 6

Condition, warranty and innominate term

Question 7

A condition

Answer 7

A term that is central to the contract

Question 8

Poussard v spires

Answer 8

Actress had lead role in a production, failed to attend performances gave role to understands as she has breached contratc

Question 9

A warranty

Answer 9

A minor term in a contract

Question 10

Bettini v gye

Answer 10

Singer was contracted to perform at a series of concerts a 6 days of rehearsals, missed 3 rehearsals, only a breach

Question 11

Innominate terms

Answer 11

No a condition or a warranty it depends on the consequences

Question 12

Hong Kong fir shipping v Kawasaki

Answer 12

Chartered a ship for 2 yeas, needed repairs that took 18 months- a warranty

Question 13

Couchman v hill

Answer 13

Auction- heifer was pregnant- if a statement is important to the contract it is seen as a term

Question 15

Courts will imply a term into a contract if the term is necessary-

Answer 15

If it is necessary, if the parties thought about it would they have agreed to it going into the contract

Question 16

The moorcock

Answer 16

Implied safe mooring

Question 17

Officious bystander test

Answer 17

If a bystander suggested the term would both parties of agreed

Question 18

Holier v rambler motors

Answer 18

Failure to sign document did not stip terms being present- oversight

Question 19

Shell v lostock garage

Answer 19

Terms will not be implied if the partus would have never agreeed if thought about

Question 20

Egan v scc

Answer 20

Would a reasonable person understood the terms

Question 21

Marks and spencer v bnp paribas

Answer 21

Reasonableness should eb judges objectively in considering what the parties would have agreed to

Question 22

Hutton v warren

Answer 22

Terms implied by custom

Question 23

Hillas v arcos

Answer 23

Terms implied by pervious dealings

Question 24

S9 consumer rights

Answer 24

Satisfactory quality

Question 25

S10 consumer rights act

Answer 25

Fit for purpose

Question 26

S11 consumer rights act

Answer 26

Relating to description

Question 27

S20 consumer rights act

Answer 27

Right to reject

Question 28

S23 consumer rights act

Answer 28

Right to repair or replacement

Question 29

S24 consumer rights act

Answer 29

Final right to reject

Question 30

S49 supply of services

Answer 30

Reasonable care and skill

Question 31

S52 supply and service

Answer 31

Reasonable times

Question 32

Supply of service remedies

Answer 32

Repeat performance or price reduction

Question 33

Lestrange v graucob

Answer 33

Where a written agreement is signed they are generally bound

Question 34

Curtis v chemical cleaning

Answer 34

An oral statement may be more important than what is written

Question 35

Olley v Marlborough court hotel

Answer 35

A new term cannot be added to the contract after acceptance

Question 36

Chapelton v Barry

Answer 36

Unreasonable to assume the would see the ticket as a contractual document

Question 37

Thompson v London midland and Scottish railways

Answer 37

Common knowledge that railways journeys were contracts the fact she could did read did not change this

Question 38

Thornton v shoe lane parking

Answer 38

Cannot incoperate terms after contract

Question 39

Holier v rambler motors

Answer 39

Can incorporate terms through previous dealings

Question 40

Mccutcheon v David macbrayne

Answer 40

Where a term is not consistent it is not incorporated

Question 41

Contra preferente rule

Answer 41

Where there is doubt about a term the words will be construed against the person who put them in the contract

Question 42

S2.1 unfair contract terms

Answer 42

Cannot exclude death or personal injury

Question 43

S2.2 unfair contracts term

Answer 43

Liability for loss or damage exclusion needs to be reasonable

Question 44

S31 consumer rights act

Answer 44

Cannot exclude or limit liability for sections of the act relating to goods

Question 45

S57 consumer rights

Answer 45

Cannot exclude or limit liability for sections of the act relating to the supply or services

Question 46

S65 consumer rights act

Answer 46

Cannot exclude death or personal injury

Question 47

S62 consumer rights act

Answer 47

All terms must be fair