Deck 10: Identifying the Terms of a Contract

Question 1

The terms of a contract may be those that are: - Please select all that apply.

A) Expressed in the written contract.
B) Incorporated by signature.
C) Found in a course of dealing that is not always consistent.
D) Found in a course of dealing that is not regular.

Answer 1

A,B

Question 2

When determining whether a statement is a term of an oral contract, the court takes into account: - Please select all that apply.

A) Whether one party has superior knowledge or means of knowledge.
B) Whether one party has reasonably relied on a statement by the other party at the time of contract.
C) Whether the parties intended it to be a term.
D) All the relevant circumstances of the particular case.

Answer 2

A,B,C,D

Question 3

Where a clause is included in a written and signed agreement, the party signing it is not bound:

A) If she has not read the document.
B) If she did not, in her mind, assent to the particular terms in the document.
C) If the reasonable person would not have expected the signed document to contain contractual terms.
D) If the parties considered the signature to be no more significant than a handshake marking the conclusion of a bargain.

Answer 3

C

Question 4

Which are elements of a defence of non est factum? Please select all that apply.

A) A's signature was procured by the fraud of B.
B) A was not guilty of negligence in so signing.
C) The document is an entirely different class from what the signer envisaged.
D) A must be illiterate.

Question 5

In which of the following circumstances is it likely that A will be found to have assented to B's written terms?

A) A buys a bus season ticket from B. On the back of the receipt, a term purports to exclude all of B's contractual liability.
B) A buys a bus season ticket from B. On the back of the ticket, a term purports to exclude all of B's contractual liability.
C) A buys a bus season ticket from B on credit. On the back of the ticket, a term states that A will owe an additional £10 each week the season ticket is not paid for.
D) In all three options, B's written terms will be incorporated into the contract.

Question 6

What is a "course of dealing" for the purpose of incorporating terms?

A) A buys widgets from B once a year for five years
B) A buys widgets from B every couple of months, each time after negotiating the terms.
C) A buys widgets from B every couple of months, on B's standard terms.
D) A has bought widgets from B once before.

Question 7

In Heilbut Symons & Co v Buckleton (1913), Lord Moulton said that claims based on collateral contracts were 'viewed with suspicion by the law'. Does this reflect subsequent case law?

Question 8

The parole evidence rule does not prevent a party from introducing extrinsic evidence in certain situations. Please select all that apply.

A) In a claim for rectification.
B) In order to establish the identity of the parties.
C) In order to reveal the subject matter of the contract.
D) In finding a collateral contract to have been formed.