Representation/Term

• 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).