Podcast
Questions and Answers
What is the factor that determines whether a statement is a term or a representation?
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?
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?
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?
How do courts determine the intention of the parties in distinguishing between terms and representations?
What is the significance of distinguishing between terms and representations?
What is the significance of distinguishing between terms and representations?
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?
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?
What is the general principle regarding the timing of a statement and its likelihood of being a term of a contract?
What is the general principle regarding the timing of a statement and its likelihood of being a term of a contract?
What is the main factor that determines whether a statement is a term or a mere representation in a contract?
What is the main factor that determines whether a statement is a term or a mere representation in a contract?
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?
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?
What happens when there is a greater time lapse between the making of the statement and the eventual conclusion of the contract?
What happens when there is a greater time lapse between the making of the statement and the eventual conclusion of the contract?
What is the primary distinction made in the provided context?
What is the primary distinction made in the provided context?
What is the consequence if a party says something untrue in negotiation, but it does not become a term of the contract?
What is the consequence if a party says something untrue in negotiation, but it does not become a term of the contract?
What is the term for things said during negotiation that do not become part of the contract?
What is the term for things said during negotiation that do not become part of the contract?
What can happen if a party says something untrue in negotiation, and it becomes a term of the contract?
What can happen if a party says something untrue in negotiation, and it becomes a term of the contract?
What is meant by 'implied terms' in the context of contract law?
What is meant by 'implied terms' in the context of contract law?
What is the primary purpose of the verification factor in contract negotiation?
What is the primary purpose of the verification factor in contract negotiation?
What do the four factors mentioned in the text help the courts to determine?
What do the four factors mentioned in the text help the courts to determine?
Which factor is considered the most important in determining whether a statement is a term or a mere representation?
Which factor is considered the most important in determining whether a statement is a term or a mere representation?
What is the purpose of the Parole Evidence Rule?
What is the purpose of the Parole Evidence Rule?
What is the result when a statement is accompanied by a recommendation that its truth be verified?
What is the result when a statement is accompanied by a recommendation that its truth be verified?
What is the main reason for the party to establish that the statement is a representation rather than a contractual term?
What is the main reason for the party to establish that the statement is a representation rather than a contractual term?
What is the significance of correctly classifying a statement made in negotiations as a term or representation?
What is the significance of correctly classifying a statement made in negotiations as a term or representation?
What is the primary reason for distinguishing between terms and representations in contract negotiation?
What is the primary reason for distinguishing between terms and representations in contract negotiation?
According to Lord Denning MR, what is the characteristic of the older cases?
According to Lord Denning MR, what is the characteristic of the older cases?
Why are markers strict in applying the criterion of relevance when assessing answers?
Why are markers strict in applying the criterion of relevance when assessing answers?
Why did the term 'warranty' not get used in the discussion?
Why did the term 'warranty' not get used in the discussion?
What was required of a misrepresentation prior to the Misrepresentation Act 1967?
What was required of a misrepresentation prior to the Misrepresentation Act 1967?
What is the significance of the case of Hedley Byrne & Co Ltd v Heller & Partners Ltd?
What is the significance of the case of Hedley Byrne & Co Ltd v Heller & Partners Ltd?
What is introduced in Section 5.1.1 of the topic?
What is introduced in Section 5.1.1 of the topic?
What is the significance of Section 5.3 in the topic?
What is the significance of Section 5.3 in the topic?
What is the primary consideration when determining whether a statement is a term of the contract or a 'mere' representation?
What is the primary consideration when determining whether a statement is a term of the contract or a 'mere' representation?
What is the purpose of the 'rules of thumb' used by the courts in determining the intention of the parties?
What is the purpose of the 'rules of thumb' used by the courts in determining the intention of the parties?
What is the relationship between the 'rules of thumb' and the conclusions reached by the courts?
What is the relationship between the 'rules of thumb' and the conclusions reached by the courts?
What is the significance of identifying the 'signpost' in a legal problem?
What is the significance of identifying the 'signpost' in a legal problem?
What is the role of the objective ascertainment of the parties' intention?
What is the role of the objective ascertainment of the parties' intention?
What happens when one 'rule of thumb' suggests a statement is a term and another suggests it is a representation?
What happens when one 'rule of thumb' suggests a statement is a term and another suggests it is a representation?
What is the primary consideration when determining the intention of the parties?
What is the primary consideration when determining the intention of the parties?
What is the relationship between the intention of the parties and the classification of a statement?
What is the relationship between the intention of the parties and the classification of a statement?
What is the role of the courts in determining the intention of the parties?
What is the role of the courts in determining the intention of the parties?
What is the significance of distinguishing between terms and representations?
What is the significance of distinguishing between terms and representations?
