LAWS104 Lecture Notes - Lecture 5: Dick Bentley, All England Law Reports, Ei Group
9 May 2018
School
Course
Professor
LAWS104 Lecture
Week 5 [Express Terms]
Contents of Contract
- What are the terms of a contract?
o The words and expressions in a written contract
o What the parties said during negotiations in an oral or partly written contract
o The actual meaning of the terms is a matter of construction or interpretation
o This topic is concerned with the ways in which terms are incorporated as
express terms
o Courts want to give effect to the true intention of the contracting parties
Terms
- Terms are constituent parts of a contract
- They are binding on the parties
- They usually defied the parties oligatios
- They appear as sentences or paragraphs in written documents
- They are the words used in oral agreements
- Terms may be express or implied
- Terms may be promissory or non-proissory suh as oilerplate fie prit i
documents)
- Terms are different to representations
Implied and Express Terms
- Express terms: terms that have been specifically mentioned and agreed by both
parties at the time the contract is made
- Implied terms: terms that have not expressly stated or agreed upon by the parties
Express Terms
Representations
o Intended to induce but not made to be binding
o Merely representational with no promissory intent
o Misrepresentation does not amount to breach
o Legal action is limited to actions in negligence or fraud, or misleading or
deceptive conduct
o Rescission may be available for misrepresentation
Terms
o Bidig parts of a otrat idiatig parties oligatios
o Breach of term may give right to termination and damages for breach
- Ellul & Ellul v Oakes (1972) 3 SASR 377
o Consider importance and timing of the statement
o Any special skill or knowledge on the part of its marker
o Whether it was included in any subsequent written document
- Oscar Chess Ltd v Williams [1957] 1 All ER 325
- Dick Bentley Productions v Harold Smith Motors [1965] 2 All ER 65
- J J Savage & Sons v Blakney (1970) 119 CLR 435
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Terms are constituent parts of a contract. They appear as sentences or paragraphs in written documents. They are the words used in oral agreements. Terms may be promissory or non-pro(cid:373)issory (cid:894)su(cid:272)h as (cid:858)(cid:271)oilerplate(cid:859) fi(cid:374)e pri(cid:374)t i(cid:374) documents) Express terms: terms that have been specifically mentioned and agreed by both parties at the time the contract is made. Implied terms: terms that have not expressly stated or agreed upon by the parties. Terms: bi(cid:374)di(cid:374)g parts of a (cid:272)o(cid:374)tra(cid:272)t i(cid:374)di(cid:272)ati(cid:374)g parties(cid:859) o(cid:271)ligatio(cid:374)s, breach of term may give right to termination and damages for breach. Ellul & ellul v oakes (1972) 3 sasr 377: consider importance and timing of the statement, any special skill or knowledge on the part of its marker, whether it was included in any subsequent written document. Oscar chess ltd v williams [1957] 1 all er 325. Dick bentley productions v harold smith motors [1965] 2 all er 65.
