40 Questions
What is the factor that determines whether a statement is a term or a representation?
The intention of the parties
In the case of Oscar Chess v Williams, what was the mistake made by the private individual selling the car?
He relied on an incorrect document of title
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
How do courts determine the intention of the parties in distinguishing between terms and representations?
By examining the relative skill and knowledge of the parties
What is the significance of distinguishing between terms and representations?
It affects the remedy available to the injured party
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?
Bannerman v White
What is the general principle regarding the timing of a statement and its likelihood of being a term of a contract?
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.
What is the main factor that determines whether a statement is a term or a mere representation in a contract?
The importance of the thing said
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?
Oscar Chess v Williams
What happens when there is a greater time lapse between the making of the statement and the eventual conclusion of the contract?
The statement is more likely to be a mere representation.
What is the primary distinction made in the provided context?
Between terms and representations
What is the consequence if a party says something untrue in negotiation, but it does not become a term of the contract?
The other party cannot sue for breach of contract
What is the term for things said during negotiation that do not become part of the contract?
Mere representations
What can happen if a party says something untrue in negotiation, and it becomes a term of the contract?
The other party can sue for breach of contract
What is meant by 'implied terms' in the context of contract law?
Terms that are not express, but are meant to be included
What is the primary purpose of the verification factor in contract negotiation?
To suggest that the buyer should verify the truth of the statement
What do the four factors mentioned in the text help the courts to determine?
The intention of the parties regarding a statement
Which factor is considered the most important in determining whether a statement is a term or a mere representation?
The relative skill and knowledge of the parties
What is the purpose of the Parole Evidence Rule?
To exclude extrinsic evidence in contract interpretation
What is the result when a statement is accompanied by a recommendation that its truth be verified?
The statement is considered a mere representation
What is the main reason for the party to establish that the statement is a representation rather than a contractual term?
To gain a greater range of remedies available under the Misrepresentation Act 1967
What is the significance of correctly classifying a statement made in negotiations as a term or representation?
It determines the type of remedy available
What is the primary reason for distinguishing between terms and representations in contract negotiation?
To determine the contractual liability of the parties
According to Lord Denning MR, what is the characteristic of the older cases?
They demonstrated attempts to establish statements as contractual terms
Why are markers strict in applying the criterion of relevance when assessing answers?
To discourage irrelevant discussions of areas of law
Why did the term 'warranty' not get used in the discussion?
To avoid confusion with the 'classification of terms into minor and major undertakings'
What was required of a misrepresentation prior to the Misrepresentation Act 1967?
It had to be fraudulent
What is the significance of the case of Hedley Byrne & Co Ltd v Heller & Partners Ltd?
It developed the tort of negligent misstatement
What is introduced in Section 5.1.1 of the topic?
The range of remedies for misrepresentation
What is the significance of Section 5.3 in the topic?
It classifies terms into minor and major undertakings
What is the primary consideration when determining whether a statement is a term of the contract or a 'mere' representation?
The words and conduct of the parties
What is the purpose of the 'rules of thumb' used by the courts in determining the intention of the parties?
To assist in weighing the competing factors in a given situation
What is the relationship between the 'rules of thumb' and the conclusions reached by the courts?
The 'rules of thumb' are factors that incline towards a conclusion
What is the significance of identifying the 'signpost' in a legal problem?
It directs the rest of the analysis in a particular direction
What is the role of the objective ascertainment of the parties' intention?
It is used to determine the intentions of the individual parties
What happens when one 'rule of thumb' suggests a statement is a term and another suggests it is a representation?
The competing factors are weighed one against the other to determine the stronger
What is the primary consideration when determining the intention of the parties?
The words and conduct of the parties
What is the relationship between the intention of the parties and the classification of a statement?
The intention of the parties determines the classification of the statement
What is the role of the courts in determining the intention of the parties?
To apply the 'rules of thumb' to guide the decision
What is the significance of distinguishing between terms and representations?
It is critical to establishing the intention of the parties
Learn about the differences between terms and representations in contract law, and how they impact breach of contract lawsuits. Understand the intentions of parties and the consequences of misrepresentation.
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