Terms- incorporation

OCR INCORPARATION OF TERMS NOTES

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  • Created by: ru66
  • Created on: 17-03-10 13:09
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Terms incorporation
Express terms
Oral
Importance of the statement
BANNER V
WHITE
Buyer of hops asks
whether they were
treated with sulphur
(would not consider
them if they were)
held: a term of the
contract .
Special knowledge and skills
Where the term is made by someone with special knowledge
this is more likely to be seen as a term
DICK BENTLEY OSCAR CHESS V
PRODUCTIONS V WILLIAMS
HAROLD SMITH
MOTORS
Sellers car had a Trading in an old
new engeine and car for a new one
gearbox and had told that it was a
only done 20 000 new model while it
miles but infact had was an old held:
done 100 000 miles not a term as the
held: to be a term garage was at the
better position to
know the truth
than the
customer.(misrepre
sentation)
Time lapse
Between the statement and the making of the contract
e.g

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Lord denning ­there shld be a red
arrow pointing at the harsh terms
Any term that comes after offer and acceptance would fail because there
is no cosideration.…read more

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PARKER V SE RAILWAYS
Ticket had terms on the back that limited the train liabilityto £10 if
the bag was lost the bag was worth more than that HELD : would
be included if
If customer saw the terms
If they saw there was writing
Then its included even thoug…read more

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Course of dealing
Where the parties have dealt together before
Any statement contained in a non contractual
document may nevertheless become a term of the…read more

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