Contract Terms
This lecture gives a thorough analysis of the the contract terms. The terms of a contract are its contents, and these determine the extent to which the parties are in agreement. Accordingly, the terms of a contract define the rights and obligations arising from the contract. In the event of a breach of a primary obligation, the secondary obligation to pay monetary compensation is substituted. Contractual terms may be expressed or implied. Express terms are express statements made by the parties and by which they intended to be bound. They can be either written, oral or partly written and partly oral. Implied terms can be sub-divided into implied terms of fat or law.
Learning Outcomes
By the end of this lecture you will know:
how to apply the tests used to distinguish between terms and representations;
the difference between implied and express terms;
how terms are implied into a contract.
Cases
Express terms of the contract
J.Evans & Son (Portsmouth) Ltd v Andrea Merzario[1976] 1WLR 1078
Importance of statement
Bannerman v White (1861) 10 CB NS 844
Timing of the Statement
Routledge v McKay [1954] 1 WLR 615
Schawel v Reade [1913] 2 IR 81
Reduced term into writing
Duffy v Newcastle United Football Co Ltd (2000) All ER (D) 892
Special knowledge and skill
Oscar Chess v Williams [1957] 1 WLR 370
Dick Bentley Productions v Harold Smith (Motors) [1965] 1 WLR 623
Parol Evidence Rule
Henderson v Arthur (1907)
Implied by Custom
Hutton v Warren [1836] 1 M & W 466
Officious bystander test
Shell v Lostock Garage [1977] 1 All ER 481
Shirlaw v Southern Foundries [1939] 2KB 206
Business Efficacy Test
The Moorcock (1889) 14 PD 64
Term implied by Law
Liverpool City Council v Irwin [1977] AC 239
This lecture gives a thorough analysis of the the contract terms. The terms of a contract are its contents, and these determine the extent to which the parties are in agreement. Accordingly, the terms of a contract define the rights and obligations arising from the contract. In the event of a breach of a primary obligation, the secondary obligation to pay monetary compensation is substituted. Contractual terms may be expressed or implied. Express terms are express statements made by the parties and by which they intended to be bound. They can be either written, oral or partly written and partly oral. Implied terms can be sub-divided into implied terms of fat or law.
Learning Outcomes
By the end of this lecture you will know:
how to apply the tests used to distinguish between terms and representations;
the difference between implied and express terms;
how terms are implied into a contract.
Cases
Express terms of the contract
J.Evans & Son (Portsmouth) Ltd v Andrea Merzario[1976] 1WLR 1078
Importance of statement
Bannerman v White (1861) 10 CB NS 844
Timing of the Statement
Routledge v McKay [1954] 1 WLR 615
Schawel v Reade [1913] 2 IR 81
Reduced term into writing
Duffy v Newcastle United Football Co Ltd (2000) All ER (D) 892
Special knowledge and skill
Oscar Chess v Williams [1957] 1 WLR 370
Dick Bentley Productions v Harold Smith (Motors) [1965] 1 WLR 623
Parol Evidence Rule
Henderson v Arthur (1907)
Implied by Custom
Hutton v Warren [1836] 1 M & W 466
Officious bystander test
Shell v Lostock Garage [1977] 1 All ER 481
Shirlaw v Southern Foundries [1939] 2KB 206
Business Efficacy Test
The Moorcock (1889) 14 PD 64
Term implied by Law
Liverpool City Council v Irwin [1977] AC 239
This lecture gives a thorough analysis of the the contract terms. The terms of a contract are its contents, and these determine the extent to which the parties are in agreement. Accordingly, the terms of a contract define the rights and obligations arising from the contract. In the event of a breach of a primary obligation, the secondary obligation to pay monetary compensation is substituted. Contractual terms may be expressed or implied. Express terms are express statements made by the parties and by which they intended to be bound. They can be either written, oral or partly written and partly oral. Implied terms can be sub-divided into implied terms of fat or law.
Learning Outcomes
By the end of this lecture you will know:
how to apply the tests used to distinguish between terms and representations;
the difference between implied and express terms;
how terms are implied into a contract.
Cases
Express terms of the contract
J.Evans & Son (Portsmouth) Ltd v Andrea Merzario[1976] 1WLR 1078
Importance of statement
Bannerman v White (1861) 10 CB NS 844
Timing of the Statement
Routledge v McKay [1954] 1 WLR 615
Schawel v Reade [1913] 2 IR 81
Reduced term into writing
Duffy v Newcastle United Football Co Ltd (2000) All ER (D) 892
Special knowledge and skill
Oscar Chess v Williams [1957] 1 WLR 370
Dick Bentley Productions v Harold Smith (Motors) [1965] 1 WLR 623
Parol Evidence Rule
Henderson v Arthur (1907)
Implied by Custom
Hutton v Warren [1836] 1 M & W 466
Officious bystander test
Shell v Lostock Garage [1977] 1 All ER 481
Shirlaw v Southern Foundries [1939] 2KB 206
Business Efficacy Test
The Moorcock (1889) 14 PD 64
Term implied by Law
Liverpool City Council v Irwin [1977] AC 239