Review Questions1).To what is the injured party to a contract entitled in the event of breach of:
(a) A condition by the other party (b) A warranty by the other party 2). Why is it important to distinguish between terms and representations? • A term may be implied into a contract by •(i) Statute •(ii) Trade practice unless an express term overrides it •(iii) The court, to provide for events not contemplated by the parties •(iv) The court, to give effect to a term which the parties had agreed upon but failed to express because it was obvious •(v) The court, to override an express term which is contrary to normal custom •A (ii) and (iii) only •B (i), (ii) and (iv) only •C (i), (iv) and (v) only •D (i), (ii), (iv) and (v) only 3) Fill in the blanks in the statements below, using the words in the box. (1) ……………….. is a vital term, going to the root of the contract, breach of which entitles the injured party to treat the contract as (2) ……………….. and claim (3) ……………….. .A (4) ……………….. is a term (5) ……………….. to the main purpose of the contract. The consequence of a term being classified as innominate is that the court must decide what is the actual effect of its (6) …………….. . •• breach • condition • subsidiary • warranty • damages • discharged 4) Give an example of a statute which identifies implied terms specifically as conditions or warranties. 5) Terms implied by custom cannot be overridden •True •False 6) Fill in the blanks in the statement below, using the words in the box. A contract is a consumer contract if the buyer neither makes the contract in course of (1) ……………….. nor holds himself out as doing so. The other (2) ……………….. does make the contract in course of (3) ……………….. In the case of a contract governed by the law of (4) ……………….., the goods are of a type ordinarily supplied for (5) ……………….. . •• business • sale of goods • business • party • private use or consumption 7) Match the laws to their jurisdictions under the law of contract (a) Common law (1) All contracts with specific provisions for consumer contracts (b) UCTA 1977 (2) Applies only to consumer contracts and to non-negotiated terms (c) UTCCR 1999 (3) All contracts 8) What is the 'contra proferentem' rule?
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November 2014
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