if a statement amounts to a term of the contract which is not fulfilled, the innocent party may sue for a breach of contract
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Representation
of a statement is merely a representation, which turns out to be true, the innocent party may bring an action for misrepsentation
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Differentiating term and representation
1) In writing 2)Expertise 3)Importance of the statement 4)Timing
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Writing
where the contract has been put into writing, only the terms in the document are terms, any verbal statements will be represenation
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Expertise
where representor has greater knowledge, it is more likely to be a contractual term. The the represent has great knowledge, it is more likely to be a representation
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Importance of the statement and reliance
where the represent indicates to the representor the importance of the statement, this is likely to be help to be a term
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Timing
The longer the time lapse between making the statement and entering the contract the more likely it will be a representation. Routledge v Mckay
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Express terms
Terms agreed between the parties themselves
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Implied terms
Terms which are put into the contract by the courts (customs), by statute
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Condition
a major term of the contract which goes to the root of the contract. If breached the innocent party is entitled to end the contract and claim damages. Poussard v Spiers
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Warranties
minor terms of a contract which are not central to the existence of the contract. If breached the innocent party may claim damages but can not end the contract. Bettini v Gye
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Innominate terms
not classified terms will be judged on the effect of the breach and question whether the innocent party to the breach was deprived of substantially the whole benefit of the contract, if so they will be able to end the contract (Condition).
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Case for innominate term
Hong Kong Fir Shipping
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Other cards in this set
Card 2
Front
Representation
Back
of a statement is merely a representation, which turns out to be true, the innocent party may bring an action for misrepsentation
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