Express Terms (AQA A-Level Law): Flashcards
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Practise the cards
10 cards from this deck
Express terms definition
Express terms definition
Provisions clearly stated & deliberately included by parties
Terms vs mere representations
Terms vs mere representations
Terms binding; representations not binding
Test 1 for express terms
Test 1 for express terms
Importance of statement to party
Test 2 for express terms
Test 2 for express terms
Reliance on specialist knowledge/expertise
Dick Bentley case outcome
Dick Bentley case outcome
Mileage statement was term; dealer had expertise
Oscar Chess v Williams outcome
Oscar Chess v Williams outcome
Innocent representation, not term; seller lacked expertise
L'Estrange v Graucob principle
L'Estrange v Graucob principle
Signing binds parties to contract, even if unread
Test 4 for express terms
Test 4 for express terms
Party must be aware of term when contract made
Three sources of implied terms
Three sources of implied terms
Custom, presumed intention of parties, statute law
Four tests for express terms
Four tests for express terms
Importance, expertise, signed agreement, awareness