Finals - Terms & Privacy Flashcards
(21 cards)
What are express terms in a contract?
Terms clearly stated and agreed upon by the parties, either orally or in writing.
What are implied terms?
Terms not expressly stated but read into the contract by courts, statute, or custom.
What case established the ‘business efficacy’ test for implied terms in fact?
The Moorcock (1889).
What is the ‘officious bystander’ test and which case established it?
If a term is so obvious it goes without saying; Shirlaw v Southern Foundries (1939).
Give an example of a term implied by law in employment contracts.
Duty of mutual trust and confidence.
What case shows a term can be incorporated by signature?
L’Estrange v Graucob (1934) – signature binds even if you didn’t read it.
What is needed for incorporation of terms by notice?
Reasonable steps must be taken to bring terms to the other party’s attention (Parker v SE Railway).
When must notice of terms be given to be valid?
Before or at the time of contracting (Olley v Marlborough Court Hotel).
How can terms be incorporated through course of dealing?
If the parties have had consistent prior dealings with the same terms (Spurling v Bradshaw).
What does an entire agreement clause do?
It limits the contract to the written terms, excluding prior oral statements.
What case established the modern tort of misuse of private information?
Campbell v MGN [2004].
What is the two-stage test for privacy claims under Campbell?
1) Reasonable expectation of privacy, 2) Balance with Article 10 (freedom of expression).
What factors are relevant for determining a reasonable expectation of privacy?
Nature of the info, context, prior consent, public interest (Murray v Express Newspapers).
Do public figures have a right to privacy?
Yes, but more limited—must still show a reasonable expectation (Campbell, Murray).
How are children treated in privacy cases?
Greater protection—e.g., Murray (photos of J.K. Rowling’s child ruled private).
What does Article 8 of the ECHR protect?
Right to respect for private and family life, home, and correspondence.
How is privacy balanced with freedom of expression?
Courts weigh Article 8 vs Article 10 rights (see Re S [2004]).
Why did Naomi Campbell win her case?
Publishing details and photos of her leaving a Narcotics Anonymous meeting crossed privacy boundaries.
How does misuse of private info differ from breach of confidence?
Misuse of private info focuses on privacy expectations, not just confidentiality.
What did Peck v UK (2003) highlight about surveillance and privacy?
Broadcasting CCTV footage of a suicide attempt breached Article 8.
