MLL111 Lecture 5: Contract Week 5
14 Aug 2018
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*determines the obligations of the parties (only bound by that terms , if it"s not incorporated then you are not bound). *breach of these obligations give rise to contractual remedies. Have to make sure these terms and obligations are promissory. *doesn"t have to be written can be oral. *term not discussed by the parties but is implied into the contract. *stated in statute (to protect one party) or common law (giving intention to parties). *puffs are just exaggerated statements made by a party to engage, attract or excite others. But this puff has no part to the contract. eg: advertisments. *statement of opinions (personal views/beliefs) : not a misreprestation. Oscar chess v williams (1957) 1 all er 325. *ellul had a contract to sale with the house. *relied on a statement that the property was sewered. The vendor argued that it wasn"t part of the contract and they wanted to know if it was a term of the contract.
