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26 Cards in this Set
- Front
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J Evans and Son LTD v Andrea Mezario Ltd (1976) |
Incorporation of terms, the court held that the oral promise was Incorporated in the contract |
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Dimmock v Gallery 1866 |
Mere puff contractual terms, the court said that the statement is to be looked at as a mere flourishing description by an auctioneer (by the owner and advertising agency) |
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Kleinwort Benson v Malaysia Mining Corporation |
Mere representation distinguished from a term. Comfort letters are not legally binding contract |
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L'Estrange v Graucob 1934 |
Incorporation of terms. Signed contract. When the document is signed to the party it is bound and it's wholely immaterial whether he has read the document or not |
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Bannerman v White 1861 |
Incorporation of terms, important of statement. The court held that the statement was so important to the purchase that it become a term of the contract |
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Dick Bentley product Ltd. V Harold Smith motors Ltd. 1965 |
Incorporation of terms, specialist knowledge |
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Oscar Chess Ltd v Williams 1956 |
Incorporation of terms, Specialist knowledge. The statement regarding the milage was not held to be a term of contract rather the court found that claimant more knowledge on the matter. |
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Inntrepreneur Pub Co v East crown Ltd. 2000 |
Time of the contract, the long is the interval between the statement and contract, the greater the presumption that that the parties did not intend the statement to have contractual effect. |
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Routledge v Mckay 1954 |
Incorporation of terms, lapse of time. The court. The court infer that the lapse of time was too great and contract was not formed based on the age of the vehicle |
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J. Evans and Son (Portsmouth) Ltd. V Andrea Mezario Ltd. |
Exception to parol Evidence rule. The written agreement was not intended to be whole contract on which the parties has actually agreed |
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Pym v Campbell 1856 |
The verbal commitment was not fulfill to form a contract. The agreement evidenced a requirement of satisfaction by Campbell, there could be no agreement as Campbell was not satisfied |
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Humfrey v Dale 1857 |
Parol evidence can be used to show in what capacities that parties contracted |
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Hutton v Warren 1836 |
Parol evidence of custom is admissible "to annex incidents to written contracts in matters with respect to which they are silent. |
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Webster v Cecil 1861 |
Parol |
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City & Westminster Properties v Mudd 1959 |
Parol evidence can be used to show that the parties made two related contracts one written and the other oral |
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Poussard v Spiers & Pond 1876 |
Breach of condition, a condition of contract is breach by failing to attend the first performance. |
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Bettini v Gye 1876 |
Breach of warranty, The court held that attendance of the rehearsals was peripheral to the main purpose of the contract, hence it's not a condition 'go to the root' of the contract |
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L. Schumer AG v Rickman Machine too sales 1974 |
Breach of condition and warranty. Just because the term is described in a condition does not means that it is automatically a condition if it's actual content is ancillary to the main purpose of the contract |
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Hong Kong For Shipping Co. Ltd. v Kawasaki Kisen Kaisha Ltd 1962 |
Innomination terms, wait which and see approach. There are some contractual undertaking of a more complex character which cannot be categorised as being "condition" or "warranties" |
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Cehave NV v Bremer (The Hansa Nord) 1976 |
Innomination terms, wait and see approach |
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Bunge Corporation v Tradex Export SA 1981 |
Innomination terms, wait which and see approach |
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Moorcook 1889 |
Terms implied in fact, The court held that there is a implied terms that the ship would not be damaged. The officious bystander test |
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Attorney General of Belize v Belize Telecom 2009 |
Implied Terms, Deliberated omitted is not implied in fact and allow the loss to lie where it fails |
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Arcadis Consulting UK v AMEC 2016 |
Implied terms by facts. The court should always strive to find a concluded contract in the circumstances where the work has been performed |
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Wells v Devani 2016 |
Implied terms by facts, it is a wrong principle to turn a incomplete bargain into a legal contract by adding expressed agreed terms with the implied terms together |
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Liverpool city council v Irwin 1976 |
Implied in Law, the court to the imposition of legal duty even though no contractual terms could be implied in fact. |