Positive Terms in Contracts
- Created by: cephillips
- Created on: 07-05-14 10:14
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- Positive Terms in Contract
- Terms v Representations
- Objective Test
- "Would a reasonable person infer that the seller intended the statement to be part of the contract" - Oscar Chess Ltd v Williams [1957]
- untrue representations may lead to recission, but breach of terms may terminate a contract
- Implied Terms
- IT's in Law - certain obligations are implied in law as it would be unreasonable if they weren't/ they are a necessity
- Liverpool CC v Irwin [1976]
- IT's in Fact
- Officious Bystander Test - "The Moorcock [1889]
- "When something is so obvious if such a provision was suggested to a bystander would say "oh of course""
- Officious Bystander Test - "The Moorcock [1889]
- IT's in Law - certain obligations are implied in law as it would be unreasonable if they weren't/ they are a necessity
- Objective Test
- Conditions, Terms and Innominate Terms
- Conditions are vital terms, a breach of these terms allow termination and damages
- Warranties are less important terms, they allow damages but not terminate
- Innominate Terms - hybrids that sometimes allow termination if the breach deprives the party of substantially the whole benefit - Hong Kong Fir Shipping [1962]
- Parties can label terms as they wish, but the courts will not always accept these terms - L. Schuler [1973]
- Time Clauses will sometimes be designated as Conditions - Bunge Corp. [1981]
- Terms v Representations
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