agreement to sell land for £500,000, the price to be paid in three instalments of £250,000, £125,000 and £125,000. It was further agreed that a proportionate part of the land would be released at each payment date. The parties had made no provision for allocation of the proportionate parts, with the result that the contract was held to be void for uncertainty. In these circumstances, no actual benefit, apart from a mere expectation, would have been conferred on either party; therefore, there was no urgent need to look for an implied solution. EXPRESS TERMS : Where the parties have entered a contract, a number of statements may have been made, some of which form part of the contract, which, in the event of breach, will give rise to a remedy for breach of contract. In contrast, other statements may have a lesser effect if interpreted to amount to no more than a representation which has induced the other party to enter into the contract

doi:10.4324/9781843141518-110

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agreement to sell land for £500,000, the price to be paid in three instalments of £250,000, £125,000 and £125,000. It was further agreed that a proportionate part of the land would be released at each payment date. The parties had made no provision for allocation of the proportionate parts, with the result that the contract was held to be void for uncertainty. In these circumstances, no actual benefit, apart from a mere expectation, would have been conferred on either party; therefore, there was no urgent need to look for an implied solution. EXPRESS TERMS

ABSTRACT

Where the parties have entered a contract, a number of statements may have been made, some of which form part of the contract, which, in the event of breach, will give rise to a remedy for breach of contract. In contrast, other statements may have a lesser effect if interpreted to amount to no more than a representation which has induced the other party to enter into the contract with the representor. The distinction between contractual terms and representations is pursued in more depth earlier in this chapter.