Contract Terms and Incorporation Quiz

How can terms be incorporated into a contract?

• Verbally

• In Writing

• Partial oral and partial in writing

• All of the above

What are express terms in a contract?

• Terms that are orally communicated

• Terms that are not legally binding

• Terms agreed upon by the parties at the time of contract

• Terms that are not important

What factors are taken into account for incorporation of terms into a contract?

• Timing, Importance of the term, Special knowledge and skills

• Color of the contract, Size of the font, Paper quality

• Weather on the day of contract, Time of the day, Location of the contract

• None of the above

In the case of Routledge v McKay, why was the statement about the age of the motorbike not incorporated as a term of the contract?

• Because the statement was made in a different language

• Because the statement was not important

• Because the statement was made one week before the contract

• Because the statement was made after the contract

In the case of Bannerman v White, why was the statement about the hops considered a term of the contract?

• Because the buyer would not have entered into the contract without that term

• Because the statement was not important

• Because the seller was a good negotiator

• Because the statement was made in writing

In the case of Oscar Chess v Williams, why was the statement about the car not considered a term of the contract?

• Because the buyer did not read the contract

• Because the buyer did not sign the contract

• Because the seller was a good friend of the buyer

• Because the seller had no expertise in selling cars

What is the Parol Evidence Rule in contract law?

• It states that written contract does not reflect the full intentions of the parties

• It asserts that any outside oral statements or other evidence should be accepted

• It allows parties to refer to outside evidence to add to, vary or contradict a written contract

• It states that written evidence is more powerful than spoken words

What is the purpose of the Parol Evidence Rule?

• To create uncertainty in contracts

• To make it difficult for parties to understand the terms of the contract

• To allow parties to change the express terms laid down in the document

• To ensure that the written contract contains all relevant terms

What is the ideal situation for incorporating terms into a contract?

• To put all terms into the contract and make them express terms

• To rely solely on oral agreements

• To ignore the written contract completely

• To have no terms in the contract

In the case of Ecay v Godfrey, why was the statement about the boat not considered a term of the contract?

• Because the seller suggested that the buyer should have the boat surveyed

• Because the buyer did not sign the contract

• Because the seller had no expertise in selling boats

• Because the boat was not as good as the show house