case test terms & misrep 0.0 / 5 ? LawContract lawA2/A-levelAQA Created by: TashaChloCreated on: 04-12-14 20:18 she signed the doc relating to the sale of the vending machine therefore agreeing to terms it did not matter that she had not read them l'estrange v graucob 1 of 40 sign excluding car parks liability was inside car park not at ticket machine where contract made thornton v shoe lane parking 2 of 40 notice excluding the hotels liability for lost property was on the back of the hotel room door olley v marlborough court hotel 3 of 40 exemption clause on back of ticket chapleton v barry udc 4 of 40 C/W illiterate passenger could not read exclusion clauses thomson v lms railways 5 of 40 onerous terms need more notice interfoto v stilletto 6 of 40 the exclusion clause was on the invoice and the parties had previous dealings with each other so was aware and bound spurling v bradshaw 7 of 40 C/W garage fire - customer dealt with garage 3 times in 5 years not sufficient constructive knowledge hollier v rambler motors 8 of 40 main purpose rule- non delivery of theatre equipt lnwr v neilson 9 of 40 contra proferentum rule - terms must be clear and unambigious -'load' houghton v trafalgar insurance 10 of 40 over riding oral statement - sequins and beads curtis v chemical cleaning 11 of 40 statute that regulates the use of exemption clauses Unfair Contract Terms Act 1977 12 of 40 farmer bought some defective cabbage seeds - unreasonable clause g. mitchell v finney lock seeds 13 of 40 statute that deals with any type of unfair term Unfair Terms in Consumer Contract Regulations 1999 14 of 40 term doubling estate agents commission in the event of late payment was unfair bairstow eves v smith 15 of 40 statute that implies terms when its goods for a price Sale of Goods Act 1979 16 of 40 Section 13 - goods must correspond with description - triumph herald 1200 - was in fact 2 different cars put together beale v taylor 17 of 40 section 14(2) goods must be of satisfactory quality - rogers range rover rogers v parish 18 of 40 C/W engine seizing in car crowther v shannon motor co 19 of 40 includes packaging - bottles of mineral water geddling v marsh 20 of 40 section 14(3) goods must be fit for purpose - ordinary purpose - itchy underpants grant v akm 21 of 40 specific purpose -- bugatti baldry v marshall 22 of 40 statute that implies terms into contracts where a service is supplied and goods are transferred supply of goods and services act 1982 23 of 40 services - section 13 - service carried out with reasonable care and skill - badly fitted kitchen lawson v supasink 24 of 40 C/W vasectomy thake v maurice 25 of 40 sec 14 - service carried out within reasonable time - 8 weeks for minor repairs liverpool v charnock corporation 26 of 40 type of term - condition leading case poussard v spiers & pond 27 of 40 type of term - warranty leading case bettini v gye 28 of 40 innominate terms - leading case hong kong fir 29 of 40 misrep - buyer should ask q's to safe guard himself - divorcee nanny fletcher v krell 30 of 40 exception to rule - changed circumstance need to be made aware to buyer - gp practice with v o'flannagan 31 of 40 exceptions - half truth - may be misrep - seller of land told buyer there were tenants on land but failed to say they were leaving dimmock v hallet 32 of 40 exceptions - half truth - may be misrep - spice girls spice girls v aprilia 33 of 40 misrep must be false statement of fact - graze 2000 sheep but they knew he'd never had sheep on land bisset v wilkinson 34 of 40 if statement not future intention - invested money not used in way they said edgington v fitzmaurice 35 of 40 statement induces party to contract - earning capacity of mine attwood v small 36 of 40 if the statement could be checked out but the statement is relied on still can still be misrep redgrave v hurd 37 of 40 fraudulent misrep case derry v peek 38 of 40 negligent misrep case hedley byrne v heller and partners 39 of 40 misrep act misrepresentation act 1967 40 of 40
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