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Contract
Terms
Representation/Term
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Created by
charlotte brown
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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.
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
).