Contract Law: Terms and Representations
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What is the factor that determines whether a statement is a term or a representation?

  • The intention of the parties (correct)
  • The subject matter of the contract
  • The language used by the parties
  • The time of contract formation

    • In the case of Oscar Chess v Williams, what was the mistake made by the private individual selling the car?

  • He failed to disclose a latent defect in the car
  • He relied on an incorrect document of title (correct)
  • He sold the car to a minor
  • He intentionally misrepresented the year of the car

    • What is the consequence of classifying a statement as a term rather than a representation?

  • The party who made the statement is liable for breach of contract (correct)
  • The parties must renegotiate the contract
  • The contract is voidable at the option of either party
  • The contract is unenforceable

    • How do courts determine the intention of the parties in distinguishing between terms and representations?

    <p>By examining the relative skill and knowledge of the parties</p> Signup and view all the answers

    What is the significance of distinguishing between terms and representations?

    <p>It affects the remedy available to the injured party</p> Signup and view all the answers

    In which case did the court hold that the assurance that the hops had not been treated with sulphur was a term of the contract?

    <p>Bannerman v White</p> Signup and view all the answers

    What is the general principle regarding the timing of a statement and its likelihood of being a term of a contract?

    <p>The closer in time the making of the statement and the eventual conclusion of the contract, the more likely the statement is to be a term.</p> Signup and view all the answers

    What is the main factor that determines whether a statement is a term or a mere representation in a contract?

    <p>The importance of the thing said</p> Signup and view all the answers

    In which case did the court hold that a statement was more likely to be a mere representation because the representee had greater skill and knowledge?

    <p>Oscar Chess v Williams</p> Signup and view all the answers

    What happens when there is a greater time lapse between the making of the statement and the eventual conclusion of the contract?

    <p>The statement is more likely to be a mere representation.</p> Signup and view all the answers

    What is the primary distinction made in the provided context?

    <p>Between terms and representations</p> Signup and view all the answers

    What is the consequence if a party says something untrue in negotiation, but it does not become a term of the contract?

    <p>The other party cannot sue for breach of contract</p> Signup and view all the answers

    What is the term for things said during negotiation that do not become part of the contract?

    <p>Mere representations</p> Signup and view all the answers

    What can happen if a party says something untrue in negotiation, and it becomes a term of the contract?

    <p>The other party can sue for breach of contract</p> Signup and view all the answers

    What is meant by 'implied terms' in the context of contract law?

    <p>Terms that are not express, but are meant to be included</p> Signup and view all the answers

    What is the primary purpose of the verification factor in contract negotiation?

    <p>To suggest that the buyer should verify the truth of the statement</p> Signup and view all the answers

    What do the four factors mentioned in the text help the courts to determine?

    <p>The intention of the parties regarding a statement</p> Signup and view all the answers

    Which factor is considered the most important in determining whether a statement is a term or a mere representation?

    <p>The relative skill and knowledge of the parties</p> Signup and view all the answers

    What is the purpose of the Parole Evidence Rule?

    <p>To exclude extrinsic evidence in contract interpretation</p> Signup and view all the answers

    What is the result when a statement is accompanied by a recommendation that its truth be verified?

    <p>The statement is considered a mere representation</p> Signup and view all the answers

    What is the main reason for the party to establish that the statement is a representation rather than a contractual term?

    <p>To gain a greater range of remedies available under the Misrepresentation Act 1967</p> Signup and view all the answers

    What is the significance of correctly classifying a statement made in negotiations as a term or representation?

    <p>It determines the type of remedy available</p> Signup and view all the answers

    What is the primary reason for distinguishing between terms and representations in contract negotiation?

    <p>To determine the contractual liability of the parties</p> Signup and view all the answers

    According to Lord Denning MR, what is the characteristic of the older cases?

    <p>They demonstrated attempts to establish statements as contractual terms</p> Signup and view all the answers

    Why are markers strict in applying the criterion of relevance when assessing answers?

    <p>To discourage irrelevant discussions of areas of law</p> Signup and view all the answers

    Why did the term 'warranty' not get used in the discussion?

    <p>To avoid confusion with the 'classification of terms into minor and major undertakings'</p> Signup and view all the answers

    What was required of a misrepresentation prior to the Misrepresentation Act 1967?

    <p>It had to be fraudulent</p> Signup and view all the answers

    What is the significance of the case of Hedley Byrne & Co Ltd v Heller & Partners Ltd?

    <p>It developed the tort of negligent misstatement</p> Signup and view all the answers

    What is introduced in Section 5.1.1 of the topic?

    <p>The range of remedies for misrepresentation</p> Signup and view all the answers

    What is the significance of Section 5.3 in the topic?

    <p>It classifies terms into minor and major undertakings</p> Signup and view all the answers

    What is the primary consideration when determining whether a statement is a term of the contract or a 'mere' representation?

    <p>The words and conduct of the parties</p> Signup and view all the answers

    What is the purpose of the 'rules of thumb' used by the courts in determining the intention of the parties?

    <p>To assist in weighing the competing factors in a given situation</p> Signup and view all the answers

    What is the relationship between the 'rules of thumb' and the conclusions reached by the courts?

    <p>The 'rules of thumb' are factors that incline towards a conclusion</p> Signup and view all the answers

    What is the significance of identifying the 'signpost' in a legal problem?

    <p>It directs the rest of the analysis in a particular direction</p> Signup and view all the answers

    What is the role of the objective ascertainment of the parties' intention?

    <p>It is used to determine the intentions of the individual parties</p> Signup and view all the answers

    What happens when one 'rule of thumb' suggests a statement is a term and another suggests it is a representation?

    <p>The competing factors are weighed one against the other to determine the stronger</p> Signup and view all the answers

    What is the primary consideration when determining the intention of the parties?

    <p>The words and conduct of the parties</p> Signup and view all the answers

    What is the relationship between the intention of the parties and the classification of a statement?

    <p>The intention of the parties determines the classification of the statement</p> Signup and view all the answers

    What is the role of the courts in determining the intention of the parties?

    <p>To apply the 'rules of thumb' to guide the decision</p> Signup and view all the answers

    What is the significance of distinguishing between terms and representations?

    <p>It is critical to establishing the intention of the parties</p> Signup and view all the answers

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