contract exam - terms

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

  • thake v maurice, importance of the statement and reliance on the statement
  • 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
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2. what is the overall test to see if something is a term or a representation

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

3. 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

4. bannerman v white the case that determines

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

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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