contract exam - terms

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

  • shuler v wickman
  • benson - there is no way really, look @ it in light of the contract
  • there is no way of knowing - nasir
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2. whats the leading case on innominate terms

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

3. what does the parole evidence rule apply to

  • oral contracts only
  • contracts that have come about from misrepresentation
  • written contracts only
  • oral and written agreements

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

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

5. what are the three types of pre contractual statements

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

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