contract exam - terms

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

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

2. what is the exception to the parole evidence rule

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

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

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

4. 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

5. 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

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