Express Terms 0.0 / 5 ? LawExpress termsUniversityNone Created by: jadeperry_Created on: 17-01-19 18:16 What is express terms Terms do not need to be written down, but the judge must be convinced. 1 of 17 Incorporated terms Legally binding 2 of 17 Non incorporated terms Not legally binding 3 of 17 H Beale, Chitty on contracts Those terms which are actually recorded in a written contract or openly expressed at the time contract is made. 4 of 17 L'Estrange V E Graubcob If it is a signed written document it is an expressed term. 5 of 17 Chapelton v Barry Written terms can be incorporated if: They are in a contractual document. 6 of 17 Olley V Malborough Court Written documents can be incorporated if: They are 'in time'. 7 of 17 Thornton V Shoe Lane Written terms can be incorporated if: Reasonable notice is given. 8 of 17 Heilbut symons v Buckleton A representation is a term when the parties objectively intended it to be. 9 of 17 Bannerman v White When it is of clear importance to the representee. 10 of 17 **** Bentley Productions v Harold Smith More likely to be a term: If the representor has 'specialist knowledge' 11 of 17 Oscar Chess Ltd v Williams Less likely to be a term if: The representee has greater or equal knowledge. 12 of 17 Ecay V Godfrey Less likely to be a term if: The representee was encouraged to verify it. 13 of 17 Intrapreneur Pub V East Crown Less likely to be a term if: There is a delay between the statement 14 of 17 Routledge v Mckay Less likely to be term if: It is not written agreement, where there is one. 15 of 17 Esso Petrolium v Mardon A pre-contractual expert opinion, is capable of amounting to a term of a contract. Negligent Misstatement. 16 of 17 Evans and Sons V Merzari Pre-contractual oral assurance may amount to a binding term. Even if it is contrary to the written terms of the agreement. 17 of 17
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