Terms

Question 1

Express term

Answer 1

Specifically agreed between the parties

Question 2

Condition Poussard v Spiers

Answer 2

main part of the contract- right to repudiate if not followed

Question 3

Warranty Bettini v Gye

Answer 3

Part of the contracgt but not main- damages

Question 4

Innominate term Hong Kong Fri Shipping v Kawaski

Answer 4

Needs to be decided dependng on the breach
18 weeks warranty
1 year breach

Question 5

4 factors deciding if it was representation or a term

Answer 5

1. Importance
2. Specialist knowledge
3. Time lag
4. Written

Question 6

1. Importance

Answer 6

Couchman v Hill

Question 7

2. Specialist knowledge 2 cases

Answer 7

Oscar Chess v Williams Car 1948

Dick Bentley v Harold Smith Motors 20,000 miles but actually 100k

Question 8

3. Time lag

Answer 8

Routledge v Mackay 7 days

Question 9

4. Written

Answer 9

Routledge v Mackay time lag then needed to be written