INTRO
List two ingredients of a contract
OFFER, ACCEPTANCE, INTENTION TO CREATE LEGAL RELATIONS, CAPACITY, CONSIDERATION
What is a condition?
A condition is a major term of the contract which goes to the root of the contract
A contract that is inferred from facts and circumstances is what type of contract?
Implied in fact
What is a contingent condition?
These are obligations which do not arise until the occurrence of a particular event
wHAT IS A CONTRACT IMPLIED IN LAW?
contracts that are imposed by the courts even if one element is missing
What is the difference between condition and warranty?
condition-major term and innocent party can terminate contract where breached.
warranty- minor term, where breach innocent party cannot terminate
What is the general rule when a party signs a contract?
parties are bound by the content of the written contract
Give two factor sused to determine is a statement is a term?
Importance of statement, timing of statement, manner of statement , special knowledge
What is the parole evidence rule?
where a contract is embodied in a written document the extrinsic (parol) evidence is not admissible to add to , vary, subtract from or contradict the terms of the written document
In the case of Poussard v Spiers (1876) 1 QBD 410- Poussard entered a contract to perform as an opera singer for three months. She became ill five days before the opening night and was not able to perform the first four nights. What type of term did she breach?
Held: Madame Poussard was in breach of condition