CLAW1001 Lecture Notes - Lecture 1: Parol Evidence Rule, Faccenda Group, Termite
Document Summary
Express vs implied terms express terms: terms expressly stated in k and parties have agreed to. Pre-k"ual statement: d makes s/ment about k during negotiations, later incorrect. Representations vs terms test: intention to promise (balancing act) [oscar. Factors: language [savage v blakney, term likely if: promise, agree, guarantee, warrant absolute/high modality, representation when opinion words used in s/ment: i would presume/estimate, i guess it is about, time of statement (careful!) Subject matter dependent: if s/ment made in prelim negotiation stage more likely representation. Process by which meaning is given to k terms. Dictionary meaning: giving words their ordinary dictionary meaning given k context construction = interpretation whereas implied terms is for gaping holes. Have same force as x terms but cannot contradict x. [faccenda chicken ltd v fowler] used know-how + natural recollection. 1: building k (implied that builder will use good materials, statute: consumer legislation implies terms in k for supply of.
