Terms and Representations of Contract - Incorporation of terms (1)
- Created by: Sophia Dowden
- Created on: 14-11-16 16:46
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- Terms and Represen-tations; Incorporation of terms. (1)
- Terms and Represen-tations.
- Terms
- Form part of a contract
- Binding on parties
- Representations
- Do not form part of contract
- Not binding on parties
- Terms
- Heilbut, Symons & Co v Buckleton [1913] AC 30
- "An affirmation at the time of the sale is a [contractual promise], provided it appears on evidence to be so intended"
- No one single factor to determine intention: questions are raised alongside these factors.
- Timing
- How close was the representation to the time when the contract was finalised?
- Expertise
- Was there a disparity in knowledge and skill?
- Reliance
- Did one party rely on the other?
- Importance of the issue
- within the contract?
- Timing
- Inntrepreneur Pub Co v East Crown Ltd (2000)
- An "important consideration will be whether the statement is followed by further negotiations and a written contract not containing any term corresponding to the statement....
- ...In such a case, it will be harder to infer that the statement was intended to have a contractual effect, because...
- ...the prima facie assumption will be that the written contract includes all the terms the parties wanted to be binding between them." (Per Lightman J)
- ...In such a case, it will be harder to infer that the statement was intended to have a contractual effect, because...
- An "important consideration will be whether the statement is followed by further negotiations and a written contract not containing any term corresponding to the statement....
- Oscar Chess Ltd v Williams [1957] 1 WLR 370
- "it must have been obvious to both that the seller had himself no personal knowledge of the year when the car was made...
- ...he must have been relying on the registration book...
- ...In these circumstances the intelligent bystander would, I suggest, say that the seller did not intend to bind himself so as to warrant that the car was a 1948 model...
- ...If the seller was asked to pledge himself to it, he would at once have said 'I cannot do that. I have only the log-book to go by, the same as you."
- ...In these circumstances the intelligent bystander would, I suggest, say that the seller did not intend to bind himself so as to warrant that the car was a 1948 model...
- ...he must have been relying on the registration book...
- "it must have been obvious to both that the seller had himself no personal knowledge of the year when the car was made...
- **** Bentley Production Ltd v Harold Smith (Motors) Ltd [1965] 1 WLR 623
- "[I]t seems to me that if a representation is made in the course of dealings for a contract fro the very purpose of inducing the other party to act on it...
- ...and it actually induces him to act on it by entering into the contract, that is prima facie ground for inferring that the representation was intended as a warranty [i.e. a contractual promise]".
- "[I]t seems to me that if a representation is made in the course of dealings for a contract fro the very purpose of inducing the other party to act on it...
- Terms and Represen-tations.
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