9084 · 3.2.1
Express terms flashcards
Revision flashcards for Cambridge 9084 Express terms (syllabus 3.2.1). Flip, recall, then mark a real past-paper question.
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Term vs representation?
Term — contractual promise, breach gives contractual remedy; representation — pre-contract statement, misrepresentation if false (Heilbut, Symons & Co v Buckleton).
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Condition?
Term going to **root** of contract — breach allows termination + damages (Poussard v Spiers: singer must perform opening night).
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Warranty?
Minor term — breach gives **damages only**, no right to terminate (Bettini v Gye: singer late for rehearsals).
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Innominate term?
Neither clearly condition nor warranty — remedy depends on **effect of breach** (Hong Kong Fir Shipping).
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L'Estrange v Graucob?
Signature rule — signing a contractual document binds you to all its terms, regardless of whether you have read them. Exceptions include fraud, misrepresentation, and non est factum.
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Incorporation by notice?
Must give **reasonable notice** before or at the time of contracting. Unusual or onerous clauses require special steps to bring them to the other party's attention (Thornton v Shoe Lane, Interfoto).
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What is the rule in *L'Estrange v Graucob* [1934] regarding signed contracts?
A person who signs a contractual document is bound by its terms, regardless of whether they have read or understood them, in the absence of fraud or misrepresentation.
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What is the legal consequence of breaching a condition?
The innocent party has the right to either repudiate (terminate) the contract and claim damages, or to affirm the contract and just claim damages.
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What is the 'Parol Evidence Rule'?
A rule of evidence stating that where a contract is in a written document, extrinsic evidence (oral or otherwise) cannot be introduced in court to add to, vary, or contradict the written terms.
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What test is applied to an innominate term to determine the remedy for its breach?
The *Hong Kong Fir* test: Does the breach deprive the innocent party of substantially the whole benefit which it was intended they should obtain from the contract? If yes, repudiation is possible. If no, only damages.
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What principle regarding notice was established in *Olley v Marlborough Court Hotel* [1949]?
For a term to be incorporated into a contract by notice, the notice must be given before or at the time the contract is formed, not afterwards.