CONTRACT TERMS
CHAPTER 1. EXPRESS TERMS - CONDITIONS AND WARRANTIES Detailed consideration of Representations; The relative importance of terms; Conditions and warranties; and Innominate terms.
CHAPTER 2. IMPLIED TERMS Detailed consideration of Custom; Common law; The Moorcock test; The officious bystander test; Attorney General for Belize v Belize Telecom Ltd; Statute - sale of goods; Title; Description; Satisfactory quality; Particular purpose; and Supply of services
CHAPTER 3. EXCLUSION CLAUSES - COMMON LAW Detailed consideration of Incorporation; Notice; Previous course of dealings; Signed contracts; Strict construction - contra proferentem rule; and Collateral contracts.
CHAPTER 4. EXCLUSION CLAUSES - STATUTE Detailed consideration of UNFAIR CONTRACT TERMS ACT 1977 - Sale of Goods Act 1979; Consumer Sales; Non-consumer sales; Extent; Reasonableness; and Burden of proof. UNFAIR TERMS IN CONSUMER CONTRACTS REGULATIONS 1999 - Effect of an unfair term - Regulation 8; Definition of an unfair term - Regulation 5; The exemption - Regulation 6(2); and Office of Fair Trading. EVALUATION - Unfair Terms in Contracts [2005] Law Com No 292 and Unfair Terms in Consumer Contracts - a new approach [2012] LC.
NOTE The edited judgments of all cited cases in these chapters are laid out in an appendix in order of importance as follows.
One star cases are of no real importance.
Two stars indicate cases fairly unimportant cases. They may be worth Brownie points, for example because they are recent cases or illustrate legal principles derived from more important cases.
Three star cases are nice to know but not vital. They may be worth citing, for example because they are recent cases; illustrate legal principles; or follow previous cases.
Four star cases are important and should be quoted where appropriate.
Five star cases are leading cases. If not quoted in an exam, where relevant, then you are likely to score very badly - if not fail.
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