general contract terms

a term or a

representation

this is important for

remedies

if a contract term is not observed

could lead to a claim for breach of contract

if a rep untrue

then remedy is for misrep

first must be decided if

representation or term

term of the contract because the buyer clearly attached importance to it. Since it was false, it amounted to a breach of contract.

couchman v hill

special skill and knowledge of the party giving advice more likely

oscar chess v williams if

if not expert, less likely

Bentley v HS Motors

time gap between making statements and whether the contract is written, if written immediately more likely

Routledge v Mackay

2. discuss whether express or

implied

3. decide how significant the term is so

you can decide on an appropriate remedy c

condition

central to contract

condition case

Poussard

Warranty

minor term, does not end the contract but

can claim for damages as in

Bettini v Gye

if unclear this is a

innominate term

it is determined whether a condition or warranty, via

the severity of the consequences of the breachd

decided by the court as in

Hong Kong Fir Shipping Co.