Contract Terms Or Salestalk

Summary

Courts assess whether contract statements are terms or salestalk based on timing, importance, special knowledge, and written versus oral nature. Key cases include Routledge v McKay and Bannerman v White. Promissory estoppel prevents retraction of promises relied upon, with exceptions such as illegal promises and lack of detriment, as seen in Collins v. Godefroy and Combe v. Combe.

Full Conversation

With the relevant, seminal case authorities, give me the factors that courts consider to determine whether statements made in a contract were meant to be terms or mere salestalk
Hi ****, here are the factors that courts consider to determine whether statements made in a contract were meant to be terms or mere salestalk:
- **Timing of the statement:** Statements made closer to the time of contract formation are more likely to be considered terms.
- **Importance of the statement:** Statements that the buyer relies on significantly are more likely to be terms.
- **Special knowledge:** Statements made by a party with special knowledge or expertise are more likely to be terms.
- **Written vs. Oral:** Written statements are more likely to be terms than oral statements.
Would you like more information on any of these factors?
you have not indicated case authorities to the above question
Hi ****,
Here are seminal case authorities for the factors courts consider:
- **Timing of the statement:** Routledge v McKay [*] * WLR *
- **Importance of the statement:** Bannerman v White [*] * CB NS *
- **Special knowledge:** Oscar Chess Ltd v Williams [*] * WLR *
- **Written vs. Oral:** L'Estrange v F Graucob Ltd [*] * KB *
Would you like more details on any of these cases?
give me the gist of the doctrine of promissory estoppel
Hi ****,
The doctrine of promissory estoppel prevents a party from going back on a promise, even if a legal contract does not exist, when:
- A promise was made.
- The promisee relied on the promise.
- The promisee suffered a detriment due to reliance.
- Enforcing the promise is necessary to avoid injustice.
Would you like more information on any of these elements?
what are the exceptions to the doctrine of promissory estoppel. Give with case authorities
Hi ****, here are the exceptions to the doctrine of promissory estoppel with relevant case authorities:
- **Illegal Promises:** Promissory estoppel does not apply to enforce illegal promises. (Case: Collins v. Godefroy [*] * B & Ad *)
- **Lack of Detriment:** If the promisee has not suffered a detriment, promissory estoppel cannot be invoked. (Case: Combe v. Combe [*] * KB *)
- **No Clear and Definite Promise:** If the promise is vague or uncertain, promissory estoppel will not apply. (Case: Woodhouse AC Israel Cocoa Ltd SA v. Nigerian Produce Marketing Co Ltd [*] AC *)
- **Pre-existing Legal Duty:** Promissory estoppel cannot be used to enforce a promise if the promisee was already under a pre-existing legal duty to perform the act. (Case: Stilk v. Myrick [*] EWHC KB J58)
Would you like more information on any of these exceptions?