Wednesday, October 16, 2019

Case study of Law Essay Example | Topics and Well Written Essays - 2250 words

Case study of Law - Essay Example d part of the contract, this is so because if it is a term of a contract there would be possibility of a claim of damages and right to terminate the agreement. If on the contrary, there appears the fact there was a representation and not a term then there would not be any breach of contract. In respect of the facts at hand it can be seen that Winston had clearly expressed that he wanted the van for a specific purpose and in addition provided the specifications in that respect therefore the possibility of the statement not being terms is excluded. However, an analysis of express and implied terms needs to be made so as to evaluate the position. It is also to important to ascertain the intention of the parties as provided for in the decision of the House of Lords in Heilbut, Symons & Co. v. Buckleton1. The intention as provided for by Lord Moulton is objective and not subjective and so the words and conduct of the parties have to be taken into account, as discussed by Lord Denning in Oscar Chess Ltd. v. Williams2 wherein he said that ‘ if an intelligent bystander would reasonably infer that a warranty was intended that will suffice’. The criteria laid down in Heilbut was that of the important of the statement; reliance by one party upon the other makes the statement a term; and relative knowledge of the parties, and so if one party is more knowledge about the matter than the other this would be an indication of the statement being a term of the contract. In respect of implied terms the Act that is considered to be important is the Sale of Goods Act 1979 and in accordance with the fact s.14(2A) of the aforementioned act stated that the court implies satisfactory quality goods. It is important to emphasize on the point that the court are generally reluctant to impose terms into a contract. The situations where the courts have implied terms into a contract are where an established trade usage is found; the relationship between the parties; to give effect to an

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