Contract Terms

• Shat are express terms?

  Terms which have been specifically agreed to by both parties
• What are implied terms?

  Not expressly discussed between parties but are terms that both parties would have intended to be included

  Implied terms can also be implied into a contract by common law or statute
• What is a condition term?

  High importance

  A breach of this will end the contract (repudiation)
• What case shows a condition term?

  Poussard v Spiers and Bond
• What is a warranty term?


  A minor term of the contract

  A breach will not end the contract but it will result in damages
• What case shows a warranty term?

  Bettini v Gye
• What is an innominate term?

  A term that does not fall under ‘condition or warranty’

  A breach of an innominate term could be to create a condition or a warranty
• What case shows an innominate term?

  Hong Kong shipping co
• In determining whether we have a term of representation, the courts must consider?

  1 the importance attached to the representation

  2 special knowledge or skill of the person making the statement

  3 any time lag between the statement and contract

  4 whether there is a written contract
• What case links to the importance attached to representation?

  Couchman V Hill
• What case links to special knowledge or skill of the person?

  Oscar chess v Williams
• What case links to a time lag?

  Routledge v Mackay
• What case links to a written contract?

  Routledge v Mackay
• What is Business efficacy?

  Is the term necessary to make the contract effective
• What is the officious Bystander test?

  Would the parties to the contract have agreed that the suggested term was obviously going to be in the contract
• What case is linked to business efficacy?

  The Moorcook
• What case is linked to the officious Bystander test?


  Shell uk v Lodstock garage
• What does the case of Hutton v Warren say?

  Local customs will be implied into contracts
• What does the case of Hlilas V Arcos say about prior dealings?

  Prior conduct of the parties may indicate terms to be implied