Hi! I hope you find my exam flowcharts useful. Very handy for open book exams- designed to work best if you follow the flowchart down every box hitting every point on the exam mark scheme.
I used these for my GDL exams where I received a Distinction grade overall with 80%. The GDL covers the L...
Identify the terms of that contract
- mere puff is not a term, advertising boasts
- representations are not necessarily terms but can
be sued for misrepresentation
- contractual terms can be express or implied
- terms can be further divided into conditions,
warranties or innominate terms
Have any terms, express or
implied been breached?
Cause of action
Type of contract
Implied terms
Express terms not expressly created by the p
- Statements of fact TERMS IMPLIED BY THE CO
- in order to be terms,
statements, oral or written, must local custom or trade
be incorporated into the contract\
- not all statements of facts are - parties may form a contract
terms, only those which the assumptions based on what u
parties intend to be binding business
(otherwise are representations) - Hutton v Warren, customary
access to crop work done in t
lease end
- not possible to imply the loc
prohibits it
terms implied by a pre
- Spurling v Bradshaw, exemp
of the receipt after delivery, on
court held the exemption clau
previous dealings
terms implied by the p
- business efficacyr test, estab
consider if the term is necess
- term could be implied if the p
recognise it, Shirlaw v Southe
certain terms are impl
unless alternate provis
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