Contract Terms

£15.00

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:

  1. how to apply the tests used to distinguish between terms and representations;

  2. the difference between implied and express terms;

  3. 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

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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:

  1. how to apply the tests used to distinguish between terms and representations;

  2. the difference between implied and express terms;

  3. 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:

  1. how to apply the tests used to distinguish between terms and representations;

  2. the difference between implied and express terms;

  3. 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