Other
contractual terms tutorial work
- Course
- Institution
- Book
detailed, descriptive tutorial work to help improve grades and save time for law students
[Show more]
Connected book
Book Title:
Author(s):
- Edition:
- ISBN:
- Edition:
More summaries for
-
acceptance tutorial work
-
remedies tutorial work
-
consideration tutorial work
Seller
Follow
gxorgiaa
Reviews received
Content preview
1. What are the principles by which a court classifies statements made ina contractual context as “terms” (i.e. part of the contract) or pre-
contractual “representations” (which are not part of the contract)?
4 principles
timing – closer to time -> term, further away ->representation
importance – more important -> term
bannerman v white – sale of hops
in writing -> term
reduction to writing – if in written doc, more likely to be term –
if oral then more likely to be representation
heilbut, Symons v buckleton
if maker of statement has specialist knowledge -> term
dick Bentley v harold smith
esso petroleum v mardon
Oscar chess v williams
from case heilbut, Symons & co v buckleton
principles more like guidance – may not be relevant all the time
denning mentioned – should use objective test [what a reasonable
person would do] – to test the intention of parties
general requirement – courts will always use
textualism v contextualism – depend on amount of time, depends
on case
2. Why does the categorisation of a statement as either a term of the
contract or a mere representation matter? To ensure the party
achieves the best damages, better damages with representation
three types of terms – conditions [most important – without
contract not been concluded – termination and damages],
warranties [least important - damages] and innominate [in
middle, whatever remedy depends on situation]
to know final legal status or innominate terms – criteria
hong kong fir shipping – 20 weeks out of 24 months ship not in
use – court concluded it was warranty because still lot of benefit
left for enjoyment
if cannot get whole benefit then condition, if can its performance
then warranty, capable of being broken in trivial manner then
innominate
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 or Stuvia-credit 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 gxorgiaa. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $9.73. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
77254 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now