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1. What is the significance of terms in a contract?

 A) They outline the contract's historical context.


 B) They define the legal rights and liabilities of the parties.
 C) They determine the contract's duration.
 D) They serve as decorative elements in the contract.
2. How does the court distinguish between a term and a mere representation
in a contract?
 A) By the length of the statement.
 B) By assessing the intention of the parties.
 C) By the number of parties involved.
 D) By the font size of the statement.
3. In the context of the importance of a statement in a contract, what was the
outcome of Bannerman v White?
 A) The statement was deemed a term of the contract.
 B) The statement was considered a mere representation.
 C) The court ruled in favor of the buyer regardless of the statement.
 D) The statement's importance was not a factor in the decision.
4. Incorporation of express terms into a contract can be achieved by:
 A) Shaking hands.
 B) Waving.
 C) By signature, notice, or course of dealing.
 D) By exchanging business cards.
5. What is the Parol Evidence Rule primarily concerned with in contracts?
 A) Identifying express terms.
 B) Determining the intentions of the parties.
 C) The written contract being the sole repository of terms.
 D) Allowing oral evidence to contradict written terms.
6. Explain the two issues that arise concerning implied terms in contracts.
7. Describe the two motivations for implying a term into a contract and the
corresponding tests applied by the courts.
8. Discuss the method of implication known as "Custom" and the criteria
required to establish a valid custom in a contract. Provide an example from
Hutton v Warren.
9. How does the Sale of Goods Act in Jamaica protect buyers, and what is the
shift in principle from caveat emptor to statutory implied terms? Provide an
example from Better Chickens.
10. Differentiate between terms implied in fact and terms implied in law by the
Courts. Use examples such as The Moorcock and Lister v Romford Ice Cold
Storage to illustrate the application of these principles.
11. Explain the 'officious bystander' test and its application in determining
whether a term should be implied in fact. Provide a contrasting example
where the test was not satisfied.
12. In Liverpool County Council v Irwin, why did Lord Wilberforce consider
wider considerations for implying a term? Provide details of the case and
the implied term in question.
13. Why is categorizing a term into conditions, warranties, or
innominate/intermediate terms necessary in contract law, and how does it
determine the consequences of a breach?
14. Explain the difference in consequences between a breach of condition and a
breach of warranty in a contract. Provide an example case to illustrate each
situation.
15. What criteria determine whether a term is classified as a condition,
according to the lecture?
16. Describe the concept of innominate or intermediate terms and the breach-
based test introduced by the English Court of Appeal. Provide an example
from Hong Kong Fir Shipping Co. v Kawasaki Kisen Kaisha.
17. Compare the term-based and breach-based tests in terms of the time for
determination, certainty vs. flexibility, and their advantages and
disadvantages.
18. Consider the case of Lombard North Central v Butterworth. If you were the
judge, how would you decide the case based on the express clause stating
that the time for payment of instalments was 'of the essence of the
contract'? Explain your reasoning.

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