Terms
- Created by: Launston
- Created on: 14-05-14 10:51
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- Terms
- Express and Implied
- Written contracts - parol evidence rule - rebuttable presumption that document contains all terms
- Inntrepreneur v East Crown
- Written contracts - parol evidence rule - rebuttable presumption that document contains all terms
- What is a term?
- Distinguish between terms and representations
- Terms: broken term remedy is breach of contract
- Factors in distinguishing
- Importance of statement - Bannerman v White
- Verification - Ecay v Godfrey
- Specialist knowledge
- Oscar Chess v Williams
- **** Bentley v Harold Smith
- Oscar Chess v Williams
- Factors in distinguishing
- Misrepresentation remedy is rescission
- Terms: broken term remedy is breach of contract
- Distinguish between terms and representations
- Incorporation
- Signature - L'estrange v Graucob - even if document unread
- Limitations to this rule
- If signature obtained by misrepresentation - Curtis Chemical Cleaning
- Document must be contractual - Grogan v Robert Meredith
- Non Est Factum - not my deed - rarely succeeds now - Saunders v Anglia Building Society
- Document must be contractual - Grogan v Robert Meredith
- If signature obtained by misrepresentation - Curtis Chemical Cleaning
- Limitations to this rule
- Notice
- Contractual document
- Chapelton v Barry
- Reasonable notice at time or before
- Reasonable notice
- Parker v South Eastern Railway
- O'Brien v MGM
- Stricter test for onerous terms
- Interfoto v Stiletto
- Problems: who decides whether terms are onerous?
- Interfoto v Stiletto
- Parker v South Eastern Railway
- Time of incorporation
- Olley v Marlborough Court
- Thornton v Shoelane Parking
- Olley v Marlborough Court
- Reasonable notice
- Contractual document
- Course of dealing
- Mccutcheon v David MacBayne
- Easier to establish in commercial contracts
- Hollier v Rambler Motors
- Easier to establish in commercial contracts
- Mccutcheon v David MacBayne
- Signature - L'estrange v Graucob - even if document unread
- Implied Terms
- In fact
- Fill a gap left by the parties, based on parties intentions
- Equitable Life v Hyman - necessary to give effect to intentions
- Business Efficacy Test - The Moorcock
- Term implied only if necessary to give contract business efficacy
- Officious bystander - Shirlaw v Southern Foundries
- So obvious it goes without saying
- Latest approach - AG of Belize
- Whether such a provision would spell out in express words what the document, read against relevant background, would reason ably be understood to mean
- Fill a gap left by the parties, based on parties intentions
- In law
- Duties implied by the courts in certain types of contracts
- Based on broader issues of public policy
- Would apply to all contracts of that type
- Based on broader issues of public policy
- Liverpool City Council v Irwin
- Scally v Southern Health - necessary incident of defineable category of contractual relationship
- Crossley v faithful & Gould - term 'too wide', necessity test rejected
- Scally v Southern Health - necessary incident of defineable category of contractual relationship
- Duties implied by the courts in certain types of contracts
- Statute
- Sale of Goods Act 1979
- In fact
- Express and Implied
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