Contractual Terms
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| Scammel v Ouston (1994) | Van sold on hire purchase. Undefined. Too vague. Contract VOID. Terms have to be CLEAR
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| Routledge v McKay (1954) | Motorcycle sold. Date of manufacture told (wrong) by seller week before contract. NOT a term of contract.
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| Bannerman v White 1861 | Hops treated with sulphur. Importance of statement to parties.
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| Dick Bentley v Harold Smith (1965) | Car sold by dealer. Gave wrong mileage. TERM OF CONTRACT coz they should have known & other party relied on information. KNOWLEDGE.
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| Oscar Chess v Williamson (1957) | Car sale. Seller (uncle Oscar) made mistake with year. NOT TERM OF CONTRACT coz he had less knowledge than dealer.
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| Hillas v Arcas (1932) | Wood sale. Undefined term. Court can look at trade custom and past dealings
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| Foley v Classique Coaches | Term uundefined, but dealt with in contract. Petrol sold at x price, "to be agreed". Contract says what to do if dispute (arbitration)
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| Hutton v Warren 1836 | Implied terms - court uses trade custom. Tenant farmer. Seed & labour costs not in original contract, but court said its implied.
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| Moorcock 1889 | Implied terms. Court will imply if business efficient, or logical. Mooring in harbour - implied term that it has to be safe.
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| Liverpool CC v Irwin 1977 | Implied terms. Court will imply if statutory. Council had to do maintenance on lifts in building.
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| Poussard v Spiers 1876 | Warranty or term? Singer did not make opening night. Agent repudiated. TERM cos it was fundamental. Singer in BREACH.
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| Bettini v Gye 1876 | Warranty or term? Singer only missed rehearsals. Warranty, cos not that important. Remedy: ONLY DAMAGES not breach.
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| Hong Kong Fir Shipping v Kawasaki (1962) | Innominate term. Old ship, drunk incompetent crew. Ship delayed for 7m out of 24m. Court said NO BREACH cos not serious enough.
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| Cehave v HANSA NORDT (1975) | Innominate term. Citrus pellets. Not fresh (damaged). Buyer rejected, then bought for cheaper and STILL USED!. COURT SAID: not breach cos not serious.
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| EXEMPTION CLAUSES | Must be legal, in contract at start, not vague
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| L'estrange v Graucob (1936) | Exclusion term.Cigarette machine. buyer signed. exemtion clause valid.
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| Curtis v Chemical Cleaning (1951) | Exclusion term. Wedding dress cleaners. Signed slip. Told wrong. Exclusion not valid.
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| Chappleton v Barry Council (1940) | Exclusion term on back of receipt. Deckchairs. Not valid.
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| Thompson v LMS Railway (1930) | Exclusion on back of ticket. Adequately displayed. VALID EXCLUSION.
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| Interphoto v Stilletto (1988) | Exemption clause must be brought to attention of onerous. Transparencies 2 weeks late, £5 each. NOT VALID
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| Thornton v Shoe Lane Parking (1971) | Excemption must be before contract agreed. Ticket machine, parking. After money paid. NOT VALID.
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| Spurling v Bradshaw (1956) | Exclusion clause- no notice necessary if plenty of previous dealings. Barrels of orange juice.
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| Hollier v Rambler Motors (1972) | Exclusion clause- not plenty of previous dealings, clause not valid unless very explicit. Car burnt in fire.
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| Andrews Bros v Singer & Co (1934) | Exclusion clause- must be clear and unambigious. CONTRA PROFERENTEM rule - against party who offered it if vague. Car supplied was used. Exemption clause not valid.
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| Olley v Marlborough Hotel (1941) | Exclusion clause - must be part of the contract, sign behind door not acceptible.
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