contract exam - terms

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

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

2. 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

3. whats the leading case on innominate terms

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

4. what are the three types of pre contractual statements

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

5. what is the exception to the parole evidence rule

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

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