Express Terms (OCR A-Level Law): Flashcards
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Practise the cards
10 cards from this deck
Terms in contract law
Terms in contract law
Provisions creating legally binding obligations on parties
Representations
Representations
Pre-contractual statements that may not become binding terms
Express terms definition
Express terms definition
Provisions explicitly stated and included in contract
4 tests for express terms
4 tests for express terms
Importance, special knowledge, signature, awareness
Importance test indicator
Importance test indicator
Statement was crucial to party's decision to contract
Dick Bentley specialist knowledge rule
Dick Bentley specialist knowledge rule
Reliance on maker's expertise makes statement likely a term
Oscar Chess superior knowledge rule
Oscar Chess superior knowledge rule
Recipient's greater expertise means only a representation
L'Estrange v Graucob signature rule
L'Estrange v Graucob signature rule
Signing binds to all terms, even if unread
Awareness test principle
Awareness test principle
Party not bound by terms unknown at contract formation
What only terms create
What only terms create
Enforceable legal obligations