Lecture notes
Terms
- Module
- Contract Law
- Institution
- Undefined
Full Contract law lecture notes, with cases, case descriptions, current law and everything that could be on the exam.
[Show more]
Content preview
TermsTerms and representations:
Statements made during negotiation can be:
1) Part of the contract = term
2) Reasons the induced the other part to the contract =
representations
3) Or BOTH
Different legal effects:
Terms:
Broken term – remedy for breach of contract
Representations
Untrue representation – remedy for misrepresentation
Term or representation:
Helibut, Symons & Co v Buckleton (1913) – C was planning to by
shares and asked opinion of company – “it’s a good company” was
this promise a binding term? Ct says “An affirmation at the time of
the sale is a warranty (i.e. contract term), provided it appear on
evident to be so intended” – Objective test- did they mean for it to
be binding/was It indented?
Various Criteria –
1) Timing of the statement
2) Importance of statement
3) Whether one party is relying on the other
4) Relative knowledge of the parties
o Ecay v Godfrey – Buyer was told the boat was in sound
condition, and the seller suggested the boat should be
serviced before he made the final decision. Fact the seller said
this, that this was evidence they did not want to promise the
boat was in sound condition.
o Oscar Chess v Williams – Sale of a second hand car, seller
stated the car was registered in 1948- turned out to be untrue
meaning the car was less. Seller was only saying what the log
book said- where someone before had falsified it. Ct said
Williams didn’t have any knowledge whereas the car dealer
did- so the layperson didn’t make a binding promise of the age
of the car – it would’ve been easier for the dealer to check.
Confirmed the objective test.
o Dick Bentley v Harold Smith – Claimant asked Smith to find
him a Bentley – expert in these cars. Found him one, an expert
said who it had been owned by, what had been refitted – since
this it had only made 20,000 with the new engine (this was
wrong, more miles). Ct said claimant relied on expertise of the
dealer and was in a position to find out the correct details.
Agreed to contract on this fact – promise was binding.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller lilyorr. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £3.49. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
82191 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy revision notes and other study material for 14 years now