Self-test questions: Identifying and Interpreting Contractual Terms (Terms and Representations, and Express and Implied Terms)

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. Davina runs a hotel. Davina wants to limit the hotel's potential liability in relation to loss and damage to property suffered by its guests. Although most of the hotel's bookings are made online, and those making a booking are required to agree to the hotel's terms before confirming their booking, Davina is concerned with how to incorporate the hotel's terms into contracts made with guests that turn up without a prior booking. Which one of the following methods is the most likely to mean that any such terms limiting the hotel's potential liability will have been successfully incorporated into such contracts?

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. Erica purchased the Daily Buzz newspaper. Free inside the newspaper was a scratch card, which is published and administered by the newspaper. Erica claims to have won £10,000 via the scratch card. The Daily Buzz claims Erica is not entitled to the money, because she has not met the qualifying terms on the back of the scratch card. On the front of the scratch card were the words 'subject to the terms on the back'. Which one of the following most accurately explains whether the terms were successfully incorporated and binding?

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. Gabrielle and Tobias are negotiating a contract for the sale of goods. They have made various statements to each other about different aspects of the contract and its potential terms. Where a statement made by one party before the conclusion of the contract is found to be untrue, the innocent party's remedies may vary according to whether the statement is characterised as a term or a representation. If the statement is characterised as a term, which one of the following assertions relating to the innocent party's remedies is true?

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. Benedict Ltd and Primero Ltd have a written contract containing an entire agreement clause. Which one of the following statements relating to the effect of such a clause is true?

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. Jimmy Jeanz is a well-known brand of jeans. Jimmy Jeanz has a contract to supply a retailer, House of Jeans, with stock of its jeans. In a sale of goods contract, the jeans must be of satisfactory quality (s. 14(2) of the Sale of Goods Act 1979). Which one of the following statements is a correct application of this provision?

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. World of Sports Ltd is a retailer in the sport and leisure industry. World of Sports has a contract with No Limits Ltd by which World of Sports has rights to sell No Limits' goods. World of Sports is alleging that the contract contains an implied term governing whether World of Sports' competitors can also sell No Limits' products. Which one of the following approaches is inconsistent with the approach to the implication of terms in fact following Marks & Spencer plc v BNP Paribas Securities Services Trust Co. (Jersey) Ltd [2015] UKSC 72, [2016] AC 742?

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. Mia, the owner of a large chain of 'off-licence' shops, wishes to purchase 100,000 bottles of Liebzig white wine from Coral Ltd, a wine wholesaler. Mia states a particular wish to purchase wine of a 2007 vintage because this appears to offer the best mix of quality and value. In Coral's opinion, the wine is of the correct vintage but, as there are no labels on the bottles, Coral advises Mia to verify this fact independently. Mia purchases the wine, but subsequently discovers that the wine was produced in 2009, an inferior vintage. Mia and Coral cannot agree whether the vintage of the wine was a term of the contract. Which one of the following statements probably summarises the legal position between the parties?

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. Percy and Lisa are in dispute as to the correct meaning of a particular term in their commercial contract. Which one of the following statements relating to the rules of interpretation set out by Lord Hoffmann in Investors Compensation Scheme Ltd v West Bromwich Building Society [1998] 1 WLR 898 is not true?

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. Six months ago, Aztec and Lewison's entered into a written contract. The parties are in dispute as to which of them has the responsibility for fulfilling certain obligations under the contract. Aztec's lawyers have advised that the contract has been written in such a way that a court is likely to conclude that Aztec is responsible for fulfilling the obligations in question. Aztec maintains that this was not what the parties intended when they were negotiating the contract, and so the written contract has been recorded incorrectly. Aztec has been advised that it might need to bring a claim for rectification. Which one of the following is not true in respect of the approach to rectification, following FSHC Group Holdings Ltd v GLAS Trust Corp Ltd [2019] EWCA Civ 1361, [2020] 2 WLR 429?

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. In relation to terms implied by law, which one of the following is true?

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