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Content of a Contract (Terms
A term is similar to a representation, but…
Content of a Contract
Terms
- A term is similar to a representation, but the truth of the statement is guaranteed by the person who made the statement therefore giving rise to a contractual obligation/binding
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Representation
A statement of of fact which does not amount to a term of the contract. Induce the party to enter into a contract. Statement made during the course of negotiations may traditionally be classed as representations.
Express Term: Specifically agreed by parties in the contract.Orally or in writing. As a general rule, no formality is needed.
- S 12(2) SOGA 1957
- Ching Yik Development Sdn Bhd v Setapak Heights Development Sdn Berhad (1996)
- Behn Burness (1863)
- Associated Metal Smelters & Tham Cheow Toh (1971)
- Associated Newspapers v Bancks
- S 14 - S 17
- Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha (1962)
- S 12(3) SOGA 1957
- Bettini v Gye (1876)
- Baker v Asia Motors Co Ltd (1962)
Oral Contract
- Terms of the contract will be determined by the words actually used by the parties when the contract was made.
Written Contract
- The main view taken with written contracts is that if they are entirely in writing then the document itself contains all of the terms of the contract. (refer to Parol Evidence rule)