Alankayrepairs computers for a living, and also sells various computers and related electrical goods. He has recently formed a number of contracts which he needs some legal advice on. For his repair service, he has a fixed contract which he issues to the customer at the time the contract is made.

1.James has had his computer repaired byAlankay, and is angry about two things. Firstly, outside the shop, there is a sign which says "get your computer running faster than it ever has before!" and James claims his computer is not as fast as it was when he purchased it after the repair.

Is there a claim James could have here?

2.Secondly, James enquired about which operating systemAlankaywould install on the computer, as he has "no clue what they are and how they work".Alankaytold James that the best operating system there is, Doors 10, which was worthLe100,000, would be installed on his repaired computer. James later finds out that Doors 98 has been installed instead, which is free from the Doors website.

Is this statement a term or a representation? What is the significance of this differentiation?

3.The term stating Doors 10 will be installed with all repairs is found in the standard repair terms and conditions document. When James made the contract for his computers repair,Alankayissued him with a ticket which stated "this is a contractual document", and included a few terms of the contract. It did not include anything about the promise to include Doors 10, but it did state "contract subject to all other standard repair terms and conditions"

Has the term been successfully incorporated into the contract?