BA 3340 Lecture Notes - Lecture 99: Implied Warranty, Document Records, City Of Ryde
Document Summary
In major commercial contract, contract will contain all (or most) express terms. Except where statute requires, contract need not be wriaen = not always clear. Things to look for: terms in various documents (eg: company policies, terms on sign, . cket, web-site, pre-contractual statements. P may have other, non-contractual remedies under statute in the event of pukery. = no breach of contract (if prven false) Statements made to induce p to enter contract but which are not guaranteed. No guarantee or promise the statement is correct, true or accurate. = no breach of contract (if proven false) (c) terms. Statement was intended as a binding promise statement with a promise/guarantee that it is true. Statement later proves false may be breach of k turn on objec. ve inten. on. Whether pre/ k is a term depends on whether intended. Authority: oscar chess v williams (car wrong model) Language, circumstance, knowledge > rp see an innocent mistake.
