JSB171 Lecture Notes - Lecture 1: Estoppel, Unfair Prejudice In United Kingdom Company Law, Dmg Media
Document Summary
Textbook: 217 (written), 234 (oral), q & a: 69 (oral), study guide: 87. General rule: where a party signs a document, that party is generally bound by its terms. Walter wright: person signing can plead non est factum (petelin v cullen) A statement made before a contract may be a puff, term, representation or form the basis of a collateral contract. Puffery: there are no common law consequences that arise from such sales talk, however the statement-maker may be in breach of the trade practices act. Representation or term: whether a statement is a term or representation depends on the intention of the parties viewed objectively as to whether the statement is promissory or merely an inducement to contract (oscar chess). If there is a long interval of time between the statement and the conclusion of the contract the statement is probably not a term.
