BPP University College Of Professional Studies Limited (BPP)
Graduate Diploma in Law
Contract Law
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By: callumgreaves • 5 year ago
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Terms
1. Parties:
2. Contract:
a. B2B
3. Identify the terms of the contract:
a. Express: incorporation:
i. Timing –
Routledge v Mckay (statement about age of motorcycle made two days prior to
sale = representation. Not term).
ii. Importance –
Bannerman v White (hops treated with Sulphur = term as buyer stated would
only buy if so).
iii. Expertise –
Dick Bentley v Harold (expert sold layman car as ‘well-looked after’ = term);
Oscar Chess v Williams (layman sold 2nd hand car to expert. Turned out to have
doctored manual, but statement = not term).
iv. Further checks –
Schawel v Reade (Schawal purchasing horse, yet assured by Reade when about
to inspect that horse fine for stud purposes);
Hopkins v Tanqueray (Auction for horses = without guarantee. Tanqueray
assured Hopkins fine for stud purposes but not term as assurance was made in
keeping with industry standard; auction – no guarantee).
b. Implied:
i. SGA 1979 –
s. 12: Title
s. 13: Description
s. 14: Quality/fitness for purpose
s. 14(2A): meet standard reasonable person would regard as
satisfactory.
S. 14(2B)(a) fit for common purpose
S. 14(2B)(d) safety.
S. 14(3) fit for particular purpose made known by purchaser.
s. 15: Sale by sample
ii. SGSA 1982 –
s. 13: due care and skill
s. 14: within reasonable time (when silent)
s. 15: reasonable attention (when silent)
4. Breach:
On the facts.
5. Classify the term:
i. Condition/Warranty:
Express terms:
Poussard v Spiers: does term go to root of contract? If so – condition.
Implied terms:
SGA: look in statute itself, i.e. s. 13(1A).
Note: where breach of s. 13 (description), s. 14(quality), s. 15(sale by
sample) consult s. 15(A)(1)(b) – ‘Where in the case of a contract by
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