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Ch 6 contents, various statutes, there are three ways terms may be…

- - - - the party who wants to rely on the term should have given reasonable notice AT or BEFORE the time of the contract. if given= have incorporation
        
        factors court consider when deciding if reasonable notice has been given?
        
        nature of the document, 2. timing, 3. onerous terms, 4. exemption clause must be legible, 5. if the term is set out on the back of a document are there words on the front drawing the other party's attention to them.
- - - - be wary where a contract classifies a term but was drafted by a non-lawyer. if so, do not take their classification at face value. Instead, you must ask whether the parties could have intended the breach of the particular term to lead to the possibility of termination.
        
        innominate terms or intermediate terms = 'wait and see' approach. So, the remedy depends on the ultimate effect of the breach. Only if the breach was really serious and effectively deprived the IP of substantially the whole benefit they expected to receive under the contract would they have the choice to terminate or affirm the contract.
- - - - a term may be implied in law as law regards it as a necessary incident of a particular type of contract.
- - - - consumer has 1. a short-term right to reject and get full refund, 2. right to repair or replacement and 3. right to a price reduction or the final right to reject and get a partial refund the reflect the consumer's use of the goods.
        pecking order of remedies. start at 1 and go down.
        time limit for short-term right to reject non-perishable goods = 30 days after goods have been bought, delivered and installed. with perishable goods, the time limit is no longer than the goods could reasonable be expected to last.
        if goods do not conform to the contract at any time within 6 months of the date of delivery, they will be taken as not having conformed to the contract on that day, UNLESS perishable goods and where it can be proved the goods did conform to the contract on the day.
        
        consumers' rights to enforce terms about services/work
        
        where a service/ work does not conform to the contract because of either breach of an express term relating to the performance of the service/ work or breach of the implied term to exercise reasonable care and skill, the consumer has the right to require repeat performance (where reasonable) or to a price reduction.
        in relation to a breach of the implied term as to performance within a reasonable time, the consumer simply has the right to an appropriate price reduction
- - - - only where 1. the term is illegible or 2. particularly onerous and not reasonably been drawn to the other party's attention or 3. there has ben misrepresentation > then, the rule will not apply!