Contract 2 Flashcards
Do courts accept mistake as a defence?
Yes, but It is difficult to have courts accept mistake as a reason to void a contract.
What is an express term?
An express term is a promise the parties to a contract have agreed to.
What is an implied term?
An implied term is one that is not expressed but exists and the parties are bound by it.
What’s the difference between conditions and warranties?
Conditions are essential contractual terms whereas warranties are terms of lesser importance.
What are standard form contracts?
Standard form contracts are pre-prepared contracts that are regularly used in business.
What might a party to a contract try to do?
A party to a contract may try to limit contractual liability by inserting an exemption clause in a contract.
What can a party do to avoid being bounced
A party to a contract may avoid being bound by the agreed terms by arguing a defence.
What is the Civil Claims List?
The Civil Claims List resolves disputes concerning the supply of goods or services.
What is the Residence Tendencies List?
The Residential Tenancies List resolves disputes issuing orders similar to traditional courts.
What are some remedies for contract law?
Remedies in contract may include damages, injunction, order of specific performance, rescission and restitution.
What has the internet changed in contract law?
The internet has changed the way business can be done and, therefore, the way contracts are formed.
