Flow chart for LAW110

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Statement by Mind Map: Statement

1. Mere puff (no remedy)

2. Representation

2.1. Fraudulent

2.1.1. Remedy Tort of deceit

2.2. Innocent

2.2.1. No remedy at common law

2.3. Negligent

2.3.1. Remedy Tort of negligence

3. Term (Express or Implied)

3.1. Part of the Contract

3.1.1. Condition (essential) Breach Valid exclusion clause No exclusion clause

3.1.2. Warranty (inessential) Breach Valid exclusion clause No exclusion clause

4. Collateral contract

4.1. Prerequisites 1. Intention by the person making the statement 2. Reliance by the person alleging the existence of a contract 3. Intention by the maker of the statement to guarantee its truth

4.1.1. If YES to the prerequisites, then the contract is valid Is it enforceable? Consider: The statement must be promissory Not supported by past consideration Consistent with the main contract