PDF Notes: ContractLaw_010-2_2520275_2026_Moot

    Master this deck with 10 terms through effective study methods.

    Generated from uploaded pdf

    Created by @dom

    What constitutes a breach of contractual terms?

    Inaccurate statements classified as terms lead to breaches.

    How does J Evans & Son v Andrea Merzario Ltd influence contract terms?

    Prior oral assurances can prevent reliance on exclusion clauses.

    What is actionable misrepresentation?

    False statements that induce reliance and are not mere sales puff.

    What factors determine if a statement is a binding term?

    Importance, timing, expertise, written inclusion, responsibility, and verification.

    How does the Misrepresentation Act 1967 affect liability exclusions?

    Exclusions are ineffective unless deemed reasonable.

    What is the significance of Parker v South Eastern Railway Co?

    Contractual terms require reasonable notice for incorporation.

    What happens if a party does not provide reasonable notice of terms?

    The terms may not be enforceable in the contract.

    How does the concept of special knowledge affect statements in contracts?

    Statements by knowledgeable parties can be treated as facts.

    What is the implication of the case Smith v Land & House Property Corp?

    Opinions can be treated as statements of fact if made by experts.

    What does the Unfair Contract Terms Act 1977 require for exclusion clauses?

    They must satisfy the reasonableness test to be enforceable.