contract exam - terms

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1. how do we tell if somethings a condition or a warranty

  • benson - there is no way really, look @ it in light of the contract
  • there is no way of knowing - nasir
  • shuler v wickman
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2. what are the three types of pre contractual statements

  • puff, representation and terms
  • terms, inomonate terms, puff
  • representation, terms, conditions
  • misrepresentation, terms and warranties

3. bannerman v white the case that determines

  • The importance of the statement
  • whether the statement was a term or a representation
  • the knowledge of the party
  • the reliance of the statement

4. whats the leading case on innominate terms

  • hong kong fir
  • thake v mauice
  • wm propp v mudd
  • carbolic smoke ball

5. what are the 3 classifications of terms

  • conditions, warranties and terms
  • conditions, warrenties, innominate terms
  • puff, conditions, innominate terms

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