What is a term?
Agreement between the parties that defines their obligations
What are expressed terms?
Terms which are explicitly agreed on either verbally or written.
What are Implied terms?
Terms that do not appear in a contract but exist due to statute,customs and courts.
What are the different types of terms?
-Conditions
-Warranties
-Innominate terms
How is a term different to representation?
If a term is not observed there can be a claim for breach of contract but if a representation is untrue it has a remedy for misrepresentation.
What is “importance attached to the representation”?
Where the statement is obviously important its seen as a term.
Whats the case for “the importance attached to the representation”?
Couchman v Hill & Bannerman v White
What happened in Couchman v Hill?
Farmer sell pregnant cow even tho he said he doesnt sell pregnant cows and the cow died whilst giving birth.
What was the held of Couchman v Hill?
He clearly missed out important information so it was a contract term.
What is “special knowledge or skill of the person making the statement”?
If the person making the statement has better knowledge than the other party then it’s a term.
Whats the case for “special knowledge or skill of the person making the statement”?
Oscar Chess v Williams
What happened in Oscar Chess v Williams?
A car was purchased from a private seller with the belief that it was the 1948 model but it was actually the 1939 model </3
What was the held for Oscar Chess v Williams?
As the seller was private he didn’t have the special knowledge or skill so its representation.
What happened in Dick Bentley v Harold Smith Motors?
Dealer stated car had done 20,000 miles but it actually did 100,000. So it was a term as he withheld that information.
What is the “time lag between statement and contract”?
If the statement was made before the contract and the contract doesn’t contain the statement its likely to he representation.
What is the case for “time lag between statement and contract”?
Routledge v McKay
What is “whether there is a written contract ?”
Anything the parties wanted to include would’ve been in the contract (Routledge v Mckay)
