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Terms - Coggle Diagram
Terms
Implied terms
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Implied by custom
This is when there is a "universal application" of a term in a particular business or transaction or market/trade/business custom -- either nationally or locally (Implicitly)
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Implied 'bona fide'
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Case: Yam Seng v ITC -- In the context of a “longer term relation between the parties”, it was necessary that there be a “substantial commitment”, co-operation etc, for contractual business efficacy — and so, a term that the contract would be performed in “good faith” was implied.
Classification of terms
Conditions
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Remedies
They may: 1) Affirm the contract, and/or 2) Terminate (repudiate) the contract and claim damages
Intention and conditions
L. Schuler v Wickman Machine Tools [1973] (The court will not always accept the parties' wording (readily))
Lombard - Per the parties' intention, a minor in payment gave the lessor the right to terminate the lease (I.e. a Condition)
These are very important terms -- "a substantial ingredient in the identity of [the thing sold” (Couchman v Hill [1947] (at 559, Scott LJ)
Warranties
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These are terms of a contract that are not conditions, and give rise to right to damages but not termination upon breach of the warranty.
Innominate terms
These are hybrid terms which are neither conditions nor warranties. It considers the "consequences" of the breach
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Via Negativa
Mere "Puffs"
This is an exaggerated statement that no reasonable person would believe to be true. They have no legal status
They are non-promissory statements that are designed to encourage you to enter into an agreement (a business agreement — [this] est contract law simpliciter)
Cases (kanon))
—Dimmock v Hallett [1866-67]: A mere general statement which turns out to be false (partly false), (generally) is "Mere sale talk"
Bissett v Wilkinson [1927] AC 177: A statement which is just an opinion (from an uninformed Seller to an informed Buyer) may be a "mere puff".
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