contract exam - terms

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1. what is the overall test to see if something is a term or a representation

  • you have to look at it objectively
  • the test is one of contractual intention
  • only thake v maurice
  • what would the reasonable man think
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Other questions in this quiz

2. if something is decided not to be a term you could still

  • recind the contract
  • argue with the judge about it
  • create a collateral contract
  • claim in misrepresentation

3. what is the exception to the parole evidence rule

  • gillepse bro's case
  • ecay v godffrey
  • gillepse v cheney
  • thake v maurice

4. what is the test to see if something is a term or a representation

  • thake v maurice
  • east v mauger
  • ecay v goddfrey
  • cheney v gillepse

5. what 3 things will the court consider when deciding if its a term or a representation

  • reliance on the statement, importance of the statement, was there expert knowledge
  • reliance on the statement, trust in the other party, expectation to tell the truth
  • thake v maurice, importance of the statement and reliance on the statement

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