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Contract Law > Contracts concepts > Flashcards

Contracts concepts Flashcards

1
Q

Discharge of liabilities

A

1) when contract comes to an end
2) impossibility/frustration
3) when one party breach the contract
4) Substantially Alter the terms
5) where both parties agree to put an end

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2
Q

Sec 62

A

Alteration of contract

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3
Q

Sec 63

A

Dispense with or remit performance or increase time for performance. Changes made permanent

Central London case- lesser amount-final contract

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4
Q

Damages for breach

A

Step 1: determine material or immaterial breach
Step 2:liquidated or unliquidated damages
Step 3: Reliance interest of expectation interest
Step 4: reasonably foreseeable - natural assumption or specific information

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5
Q

Angelia Television v Reed

A

expenditure incurred before contract could be claimed, so long as it was within the contemplation of the parties

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6
Q

Hadley v Bauxerdale

A

Test of remoteness

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7
Q

Victoria Laundry v Newman Industries

A

Bigger washing machine- expectation interest-special circumstances excluded

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8
Q

Sec 73

A

Hadley case+ Kailash Nath

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9
Q

Kailash Nath v DDA

A

If genuine pre-estimate fixed by both parties- liquidated damage paid
Only reasonable compensation is paid- set amount-upper limit
If actual damage proved-liquidation damage not provided

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10
Q

Sec 56

A

Impossibility/frustration

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11
Q

Taylor v Caldwell

A

The the base of contract affected/cease to exist- implied excuse in law.

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12
Q

Satyabhrata Gosh

A

Develop land-government take over- just hard not impossible- sec 56 apply over will of parties

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13
Q

Energy Watchdog

A

Force majeure clause- negate sec 56

Power purchase agreement- electricity from coal- price rise- not in force majeure-impossible

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14
Q

Sec 27

A

Restraint of trade void

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15
Q

Sec 37

A

Must perform duty or promise to perform

Partial completion not acceptable- cutter case

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16
Q

Sec 38

A

When offer to perform rejected- Promi’s or does not lose rights under contract -subject to conditions

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17
Q

Sec 39

A

Promisor-refuse to perform wholly or disable himself- promisee May put an end to contract or allow to continue- any case can ask compensation

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18
Q

Sec 40

A

Can appoint agent

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19
Q

Sec 41

A

If obligation fulfilled by agent-can’t ask original party to complete it

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20
Q

Sec 46

A

Perform in Reasonable time if time not specified

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21
Q

Sec 47

A

Time not specified- deliver during business hours

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22
Q

Sec 49

A

Duty of Promi’s or to request promisee for place and time when not provided

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23
Q

Sec 50

A

Manner of performance and time

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24
Q

Sec 53

A

One party prevent other from performing, voidable at the instance of party prevented. Must pay damages to this party

25
Q

Sec 55

A

Performance on time is of essence- failure- voidable

26
Q

Essentials of misrep and fraud

A

1) false statement has to be made

2) effective enough to make you give consent- but for test

27
Q

Sec 14

A

But for test and free consent

28
Q

Sec 19 explanation (2)

A

Unless induced to give consent- not misrep

29
Q

Without free consent

A 
Step 1) sec 14 - free consent 
Step 2) if essentials met 
Step 3) sec 19 -voidable 
Step 4) sec 64
Step 5) sec 75
30
Q

Sec 17

A

Fraud- can be by party or accomplice

31
Q

Sec 17(2)

A

Fraudulent concealment- duty to speak

1) by law
2) concealment while negotiation
3) when truth become false

32
Q

Sec 23

A

Unlawful consideration -void

33
Q

Sec 24

A

Application 23- when one part of consideration legal but other illegal-no concept of sever ability- void

34
Q

Sec 26

A

Agreements in restraint of marriage void

35
Q

Sec 26

A

Agreement in restraint of marriage void. Except in case of minors where it’s helping the law

36
Q

Sec 28

A

Agreement in restraint of legal proceedings void

37
Q

Sec 30

A

Wager-void

38
Q

Sec 20

A

Mistake of essential fact-void-no meeting of minds

39
Q

Tarsam Singh v Sugmendar Singh

A

Land measurement case

40
Q

Sec 21

A

Mistake of law not a remedie

41
Q

Sec 22

A

Mistake on part of one party- not excused

42
Q

Sec 16

A

Undue influence

43
Q

Requirements of undue influence

A

1) one party must be in a position to dominate
2) party must use this position
3) to gain unfair advantage

44
Q

Raghunath Prasad v Sanju Prasad

A

Add compound interest- figure multiply 11 times- Court ask to prove undue influence first before unconscionable

45
Q

Subhas Mushib v Aaya Prasad

A

Grandfather gave away property-elder son sue-16(2) exhaustive of all positions

46
Q

Sec 13

A

Consent- mirror image rule

47
Q

Sec 14

A

Free consent vitiated

48
Q

Sec 19

A

Voidability of agreement without free consent

49
Q

3 solutions to issues arising out of contracts

A

1) Damages
2) Specific Performance
3) Restitution

50
Q

Sec 15

A

Coercion

51
Q

Steps for coercion

A

Step 1) look at act
Step 2) whether it’s forbidden under IPC or threat to chattel
Step 3) if yes, then coercion

52
Q

Chikum Anvaris v Chikum Sushamma

A

Coercion-wide enough to cover 3rd party-husband threatened suicide

53
Q

Askari mirza v Bibi Kishori

A

Threat to sue for crime actually committed is not coercion

54
Q

Steps for economic duress

A

1) illegitimate pressure
2) substantive enough to make you give consent
3) no alternatives
4) if not for consent face economic duress

55
Q

Sec 11

A

Who are competent to contract

56
Q

Sec 68

A

Supplying given to incompetent person can be remembered

57
Q

Necessity

A

1) look at parties situation at that point of life

2) Necessary at the point of contract

58
Q

Sec 12

A

What is sound mind

59
Q

Privity check

A

1) Whether have right to sue upon contract

2) whether moving consideration

Contract Law (1 decks)

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