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6. 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

7. what are the three types of pre contractual statements

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

8. what does the parole evidence rule apply to

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

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

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

10. what is the exception to the parole evidence rule

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

11. whats the leading case on innominate terms

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