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Contract 5

Terms

TermDefinition
Oscar Chess v WIlliams Statement made by seller to dealer was a representation not a term
Dick Bentley v Harold Smith Motors Dealer's statement about car mileage was a term
Bettini v Gye Opera singer - warranty about rehearsals
Poussard v Spiers Opera singer - condition about performance
Hong Kong Fir v Kawasaki Innominate term about ship seaworthiness
Bunge Corp v Tradax Lord Scarman outlines types of terms
Schuler v Wickman Term about visits to dealers
M&S v Paribas Overview of factors for implied terms
Hutton v Warren Terms implied by custom
The Moorcock Implied term about jetty water depth
Hillas v Arcos Terms implied by previous dealings between parties
SOGA 1979 Terms implied by statute - B2B - conditions
SOGSA 1982 Terms implied by statute - B2B - innominate terms
CRA 2015 Terms implied by statute - consumer contracts
Bannerman v White Term not representation - sulphur/hops
Evans v Andrea Mezario Oral promise was a term in spite of parol evidence rule
CRA s9 Implied term - satisfactory quality (consumer)
CRA s10 Implied term - fit for purpose (consumer)
CRA s11 Implied term - as described (consumer)
CRA s49 Implied term - reasonable skill (consumer)
CRA s52 Implied term - reasonable time (consumer)
Shirlaw v Southern Foundries Officious Bystander test
Created by: Mr Lovell
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