NAME: MOONO MUYABA

STUDENT NUMBER: LLB19216881

COURSE NAME: CONTRACT LAW 1
COURSE CODE: L113
SCHOOL: LAW
MODE OF STUDY: FULL TIME
LECTURER: MRS C. M. SIMBOTWE
DUE DATE: MONDAY, 6TH APRIL
 Can James have a claim against John? Owing to the fact that outside
his shop there is a sign that says “get your computer running faster
than it ever has before” but James claims that his computer is not
running as fast as it was when he purchased it after the repair.
Puffs are mere boasts or unsubstantiated claims, commonly made by,
amongst others, advertisers of products or services. They can also be
defined as statements which can’t give rise to legal consequences, as
they are never meant to be taken seriously. Puffs are merely used to
highlight a product or service being sold and can’t be relied upon by
parties. The main aim of puffs is to boost sales and can also be taken as
a form of advertisement, puffs can’t be taken seriously. An example of a
trade puff for toothpaste would be “leaves your teeth looking whiter
than snow after one brush” The law allows for puffs and no obligations
are created because no reliance can be placed upon then.
James had his computer repaired by John and is he is angry because
outside James shop, there is a sign that says he can get your computer
running faster than it ever did before and James claims that that is not
the case with his. If the Trade puff provides for certain instructions or a
reward/promise, then it ought to be considered as an intention to be
bound by its promise and not a trade puff as seen in the case of Carlill
v. Carbolic Smoke Ball where the company claimed to pay £100 pounds
if the medicine failed to prevent a variety of cold related illnesses if it is
used as instructed, the company even stated that the money was
deposited in a bank.
James could have no claim because the sign outside Johns shop is just
a trade puff and it can’t be relied upon by the parties.
 Is John’s statement concerning installing Doors 10 on James’s
computer a term or a representation?
A term is an expression of willingness by both parties to be bound by
the obligations contained in the contract. An example of a term would
be to supply 10 IPhones in not more than 5 days. A statement held to
be a term of a contract if breached entitles the innocent party to a
remedy for breach of contract. An example of a breach of contract is
when 7 IPhones are supplied instead of 10 after 5 days. A term of a
contract can be agreed orally, in writing or even implied by law.
James asked about the operating system would be installed on his
computer and John informed him that the best operating system is
Doors 10 which would cost £1000 and that he would install it on his
computer but he instead installed Doors 98. John breached the terms
of the contract because he was obligated to install Doors 10 as he had
stated and an amount was fixed and agreed upon for the installation.
His statement is not a representation because his statement was not
aimed to boost sales or an invitation to treat and it is a statement used
to induce the other party to enter the contract but not intend to be
part of the contract. It clearly meant to say that John was going to
install Doors 10. The basic test to determine whether a statement is a
representation or a term depends on the intention, in order to achieve
this the courts have adopted the objective test. An objective test is
when the intentions of parties are generally judged by their words,
conduct and their objective meaning as seen in the case of Oscar Chess
Ltd v Williams, Lord Denning stated that it is sometimes supposed that
the tribunal must look into the minds of the parties to see what they
themselves intended is a mistake and the question of whether a
warranty was intended depends on the conduct of the parties, on their
words and behavior rather than on their thoughts. If an intelligent
bystander would reasonably infer that a warranty was intended that
would suffice. Cases have established some principles to guide the
court in deciding whether a statement is a term or a mere
representation. These principles are; verification, importance and social
knowledge. It is important to be able to differentiate a term from a
representation because the remedies available where there is a breach
are different and dealt with in a different manner
James can seek for remedies through the court of law for the breach
of contract.