Contract Terms: General (AQA A-Level Law): Quizzes

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Express Terms
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What distinguishes terms from mere representations in contract law?

Terms are binding; representations are not

Express terms can be included in contracts in which ways?

Written, verbal, or standard form

In Birch v Paramount Estates, why was 'as good as show house' held to be a term?

It was fundamentally important to buyers

In Dick Bentley, why was the mileage statement (20,000 miles) held to be a term?

Dealer had expertise; buyer relied on it

Why was Williams's statement in Oscar Chess v Williams NOT a contractual term?

Williams lacked expertise; dealer had it

The expertise test asks which key question?

Who was better positioned to know truth?

What principle did L'Estrange v Graucob establish about signed contracts?

Signing binds parties even if unread

For a term to be enforceable, what must both parties have at contract formation?

Awareness of the term

Which Act now provides scrutiny of unreasonable exclusion clauses in signed contracts?

Unfair Contract Terms Act 1977

When express and implied terms conflict, which generally takes precedence?

Express terms (explicitly agreed)

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