Evaluation (OCR A-Level Law): Flashcards

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Evaluation of Contractual Terms and Ideas for Reform
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Representation (contract law)

Statement of fact made during contract formation

Parole evidence rule

Oral evidence can't add to, vary, or contradict written contract

Implied terms - two types

By fact (parties' intentions) & by law (statute/common law)

Exclusion clauses

Terms that remove or limit a party's liability

Carlill v Carbolic Smoke Ball (1893) - held

Adverts can be binding terms if genuine intent shown (e.g. deposit)

Contra proferentum rule

Ambiguity in exclusion clause interpreted against inserting party

Innocent misrepresentation - available remedy

Rescission only (cancelling the contract)

Battle of the forms

Parties exchange docs, each imposing own standard terms

Trade puffs

Exaggerated advertising claims not meant to be taken literally

Rescission

Cancelling the contract

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