Chapter 5 Open-ended questions

Write down your answers to the following questions and then check your responses against the answer guidance.

In brackets is the number of marks each answer is worth. There is a maximum of 23 points available.

1. What distinguishes a pre-contractual statement that is a term from a pre-contractual statement that is only a mere representation? (2)

2. What is the basic test for determining if a pre-contractual statement is a contractual term or mere representation? (1)

3. What differences exist between statements that are terms and statements that are representations in terms of the remedy of damages? (3)

4. What is the effect of signature to a written document? (1)

5. Explain the methods used by the Court of Appeal in J. Evans v Andrea Merzario to avoid the operation of the parol evidence rule. (2)

6. How may a party seek to ensure that it gives reasonable notice of written terms that it seeks to include in an oral contract? (3)

7. What did Lord Denning say in Thornton v Shoe Lane Parking about the process of contract formation in:

8. Distinguish between terms implied in law and terms implied in fact. (6)

Total available points: 23