Terms in this set (19)
The case of RDC Concrete Pte Ltd v Sato Kogyo (S) Pte Ltd & Another Appeal (2007) can be said to have lessened the significance of the traditional categorisation between a condition and a warranty because ____________.
The court stated, obiter, that if a breach of warranty resulted in serious consequences, then that breach could also lead to the discharge (termination) of a contract.
"In which of the following scenario(s) can terms be implied into a contract?
I) When certain terms have been customarily accepted as part of the contract.
II) When certain obligations are considered to be universal practice.
III) When a term is considered by the court as having been intended by the parties, so as to ensure that business efficacy.
IV) When there is an applicable statute that provides for the implication of terms into a contract."
I, II, III and IV
Which one of the following terms is more likely to be a condition of a tenancy agreement?
The obligation of the tenant to pay rental for an apartment.
"What are the remedies available to an innocent party if there has been a breach of a condition?
I) Option to affirm the contract
II) Option to claim damages
III) Option to discharge the contract
IV) Option to sue for misrepresentation"
I, II and III
"Which of the following best describes the factors which must evaluated to determine whether reasonably sufficient notice of an exemption clause was given?
I) The location of the notice.
II) The time of giving the notice.
III) The steps taken to bring the notice to the attention of the other party.
IV) Whether the notice was signed by the party giving it."
(I), (II) and (III).
"Which of the following must be established in order for the exemption clause to be valid?
I) The exemption clause is validly incorporated into the contract.
II) The exemption clause covers the loss or injury which occurred.
III) There must not be any extraordinary facts which prevent the operation of the clause.
IV) The exemption clause must not contravene the Unfair Contract Terms Act, Cap. 396 of Singapore."
I, II, III and IV
The concept of "innominate term" focuses on ____________.
The actual consequences of the breach of the innominate term.
The case of Bannerman v White (1861) supports the guideline that ____________.
The greater the emphasis, the more likely that a statement is important to one or both parties.
Which of the following best describes a condition?
A condition is a term which is important and fundamental to the contract.
"Which of the following is/are guideline(s) to help in distinguishing terms from representations?
I) The lesser the emphasis, the more likely that the statement is a representation than a term.
II) If the statement was made closer to the time that the contract was finally concluded, then it is more likely to be a term.
III) If the contract specifies that it is a representation, then it is a representation.
IV) If the maker of a statement invited the other party to verify the statement, then it is more likely to be a representation."
I, II and IV
Which of the following statements is the most likely example of a puff?
"This apartment has the most beautiful view of the Singapore skyline."
An exemption clause is incorporated into a contract by ____________.
Wrong answer: stating that one party has given sufficient consideration for the exemption clause.
Which of the following best describes terms and representations?
Terms and representations are similar because they can be oral or written.
"Which of the following are pre-contractual statements?
I, II and IV
Which of the following best describes the Singapore legal position on implied terms?
The missing term to be implied must be commercially necessary before the courts will exercise their discretion and imply that term into a contract.
Why is it important to distinguish between puffs and terms?
Breach of puffs does not result in any legal effect whereas a breach of term results in serious legal consequences.
If the statement was originally made orally and then subsequently reduced into writing, it is likely to be a term of the contract. Which of the following best describes the rationale for this guideline?
Wrong answer: The maker of the statement must be placing special emphasis on the statement if he puts it down in writing.
A term can be implied into a contract by a court ____________.
To enable the contract to achieve its intended result.
Which of the following best describes an exemption clause?
It is a clause in the contract which seeks to exclude the liability of the party relying on the clause.