Terms of the Contract - Terms of the Contract(Mugger Notes...

Info icon This preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon
Terms of the Contract (Mugger Notes) 1. Express Terms Terms which are explicitly stated in the contract. Normally both parties dispute the implicit terms. An express statement could be: Puff: no legal effect. Representation: non promissory statements. Term: binding promissory statements. o Why distinguish between representation and term? Affects available cause of action o When term has not been complied with, the court will ask the defendant to compensate you. I.e Future earnings When it is a term, the court will compensate you for your expectation. o When it is not a term, the court may just bring you backward to where you were. I.e Return you to where you were before the contract. Representation or term? Ultimately an objective test of the parties’ intent o Did both parties intend to be bound to fulfill this statement? Anybody wishing to buy this book for $10? You are bound to pass with flying colours if you use it. o Unlikely party intended to be bound. Puff? It says it is the fifth edition of McKendrick o Unlikely party intended to be bound because party said “it says.” I.e Book claims itself to be. Representation As far as I know, nobody has ever used it o Disqualified by party’s knowledge It is in brand new condition; and I guarantee that no page is missing o Term How to decide? Did the maker of the statement intend to be bound? Did he guarantee the accuracy of the statement? o Factors Importance? Reduced to writing? L’Estrange v. F. Graucob Ltd. Lady signed a contract for a purchase of a cigarette vending machine. Lady just simply signed the contract. The contract excluded all express and implied terms. Court held that it was just too bad. The objective person who would have witnessed it would say that signing a contract with such explicit terms would mean the plaintiff intended to be bound. Unusual Terms: Interfoto Picture Library Ltd. v. Stiletto Visual Programmes Ltd. Defendant borrowed slides, failed to return, overdue. Overdue charge was 5 pounds instead of the normal 3 1
Image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
pounds. Lord Denning ruled that the term was so unusual that it should have been highlighted. Non est factum meaning: o It is not my deed (illiterate people): Saunders v. Anglia Building Society. Lapse of time? Statement of opinion? Special knowledge? Oscar Chess Ltd v. Williams Dick Bentley v. Harold Smith I.e Car dealer (because he is expert, more likely to believe him that’s why more likely to be a term) Contra Proferentum rule You drafted the document so court rules that if term could be good for you or bad for you, the court automatically enforces the meaning of the term that is bad for you. A. Parol Evidence Rule No extrinsic evidence (such as any oral agreement or statement) is admissible to add to, vary or contradict a written instrument or contract .
Image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern