Representation/Term

Cards (9)

  • What is a term?
    Something said in negotiations that ends up as part of the contract.
  • What is a representation?
    Part of the negaotiation that does not end up in the contract.
  • Express terms are those terms which are expressly stated, and therefore included in the contract.
  • When deciding whether a term is included in the contract, the courts will consider 4 things.
    1. Importance attached to the statement (Couchman)
  • 2. Specialist knowledge/skill of the person making the statement (Williams, Dick Bentley)
  • 3. Any time lag between making the statement (Routledge)
  • 4. Whether is there is a written contract
  • All terms must be clear, prominant and available at the time of contracting (Thomson).