Evaluation (OCR A-Level Law): Flashcards
📚Flashcards
Practise the cards
10 cards from this deck
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Practise the cards
10 cards from this deck
Representation (contract law)
Representation (contract law)
Statement of fact made during contract formation
Parole evidence rule
Parole evidence rule
Oral evidence can't add to, vary, or contradict written contract
Implied terms - two types
Implied terms - two types
By fact (parties' intentions) & by law (statute/common law)
Exclusion clauses
Exclusion clauses
Terms that remove or limit a party's liability
Carlill v Carbolic Smoke Ball (1893) - held
Carlill v Carbolic Smoke Ball (1893) - held
Adverts can be binding terms if genuine intent shown (e.g. deposit)
Contra proferentum rule
Contra proferentum rule
Ambiguity in exclusion clause interpreted against inserting party
Innocent misrepresentation - available remedy
Innocent misrepresentation - available remedy
Rescission only (cancelling the contract)
Battle of the forms
Battle of the forms
Parties exchange docs, each imposing own standard terms
Trade puffs
Trade puffs
Exaggerated advertising claims not meant to be taken literally
Rescission
Rescission
Cancelling the contract
