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Contract law terms
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L7 ~ TermsTuesday, November 23, 2021 12:04
-when making a contract there are pre-notations and exchanges of statements as part of the
-from this the question of is everything the parties have discussed amongst themselve
-3 different types of statements ~
-statement of opinion — “mere puff” :
-statements of no legal significance so not part of the contract. — not a term in t
-e.g. statements made to advertise a product being sold.
-statement of fact — mere representation:
-these representations have to be true.
-If the statement is not true it is then knows and misrepresentation and is an issu
The innocent party (the other party) will be entitled to a remedy under co
-has legal significance on the level of misrepresentation.
-not a term in a contract
-but still could lead to other repercussions such as compensation given tha
-Representation that is a term — a term of contract :
-statement said as a term is not true = failure to comply = breach of contract
-usually compensation for breach of contract are higher than compensatio
Pre-contractual Statements/terms — Representation and Terms — Distinguishing between a
representation. ~
-going to back to the original intentions of each party.
-Heilbronn, Symons & Co v Buckleton [1913] :
-House of Lords
-the intention of the parties is important
-intention assessed objectively
-did the parties intend to make the statement a part o the contract or no?
-can categorise situations where there are royal statements — whether they’re terms
-importance of the statement :
-whether the party was told to verify
-whether the party has special knowledge
Importance of the Term/statement ~
-if a statement has importance to it, its mor likely to be seen as a term of contract
-Couchman v Hill [1947] ::
-a cow being sold
-buyer asked if cow was pregnant or not
-said wouldn’t be interested if ti was preggers
-the seller said it wasn’t — t actually was
-cow had miscarriage and died
-because of the importance attached to the statement of whether the cow was
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