Podcast
Questions and Answers
The ______ barked.
The ______ barked.
Moorcock
Terms implied in ______ arise from the circumstances.
Terms implied in ______ arise from the circumstances.
fact
The ______ was a legal case.
The ______ was a legal case.
Moorcock
The court should strive to give ______ to the expressed terms.
The court should strive to give ______ to the expressed terms.
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The ______ terms were the true and binding agreement.
The ______ terms were the true and binding agreement.
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The ______ principle is a legal concept.
The ______ principle is a legal concept.
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The ______ executed the contract.
The ______ executed the contract.
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The ______ terms are implied by the court.
The ______ terms are implied by the court.
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The ______ should be considered.
The ______ should be considered.
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The ______ should be interpreted.
The ______ should be interpreted.
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Study Notes
Classification of Terms
- Conditions: terms that go to the root of the contract, breach of which gives the innocent party the right to terminate
- Warranties: terms that are not fundamental to the contract, breach of which does not give the innocent party the right to terminate
- Innominate terms: terms that cannot be classified as either conditions or warranties, and their breach may or may not give the innocent party the right to terminate
Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kalsh (1962)
- Facts: Hong Kong Fir Shipping Co Ltd chartered a ship to Kawasaki Kisen Kalsh, but the ship was unseaworthy due to the incompetence of its crew
- Legal principle: the court held that the breach was not sufficiently serious to entitle the charterer to terminate the contract
- Diplock's statement: the breach of a contractual undertaking will only give the innocent party the right to terminate if it deprives them of substantially the whole benefit of the contract
Implied Terms
- Implied terms: terms that are not expressed in the contract but are implied by the court
- Types of implied terms:
- Terms implied by statute: terms implied by legislation, such as the Sale of Goods Act
- Terms implied in fact: terms implied by the court based on the circumstances of the case
- The Moorcock (1889): a case where the court implied a term into a contract based on the circumstances
Contractual Terms
- Conditions: essential terms that go to the root of the contract
- Warranties: non-essential terms that are subsidiary to the main purpose of the contract
- Innominate terms: terms that do not fit into either category and depend on the circumstances of the case
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Description
Test your skills in classifying and deciphering challenging text. Given a passage filled with nonsensical words and phrases, identify and classify the terms correctly. This quiz requires attention to detail and analytical thinking.
