Question 1: Why do the courts imply terms into contracts if the parties have expressly agreed to all the terms they consider necessary? With reference to a relevant case (for each part), explain the circumstances where a court will imply a term into a contract:
- based on a course of past dealings and
- in order to make the contract effective
Question 2: With reference to relevant cases explain how the courts distinguish between a breach of a condition and a breach of a warranty. Why do the courts make that distinction?
Question 3: What is the four corners rule? Explain how it was applied in both:
- Sydney Corporation v West and
- Thomas National Transport v May & Baker