Lect 2

Question 1

What is contract law? (2)

Answer 1

• set of regulations or past judgements made by the court.
• Rules are enforceable by courts.

Question 2

What is elements of contracts?

Answer 2

Three essentials
1. Offer
2. Agreement
3. Consideration ( exchange of money )

• an intention o create a legal relationships
• compliance with required formalities ( forms/ witness )
• capacity to contract ( age limit / disabilities )

Question 3

What is simple contract ?

What is speciality contract?

Answer 3

Simple contact = offer and acceptance
No negotiation yes or no

Speciality contract = e.g land property
- notary public lawyer needs to sign
- more formal.

Question 4

What is standard form contract? E.g

What is regulated standard form contract? E.g

What is implied and express terms?

Answer 4

Standard form = only can be accepted or rejected like buying a train ticket but you can’t buy food or drink

Regulated = mobile phone contract or minimum wage contracts it can be like mended.

Implied = terms that are not stated but you assume to be included

Expressed = stated in the contract.

Question 5

What is bilateral contract? ( offer)

What is unilateral contract?

Answer 5

Bilateral contract = THERE IS NO NEGOTITATION FOR E.G IM SELLING MY CAR FOR 5K NOTHING LESS. There is specific instructions.

Unilateral contract = offer and you will see a reward . For e.g there is offer to find a lost snake you finding it is accepting the offer.

Question 6

What is invitation to treat? E.g of case study.

What is offer? And e.g of it

Answer 6

• vague - incomplete information
• like if you do something you will be lucky
  Goods on shop shelves e.g pharmaceutical society vs boots e.g sales of certain pharmaceuticals must be under supervision. Boots displayed drugs on the shelf.

Offer - definite , can be bounded and is on specified terms without negotiations
- Carlil vs carbolic smoke ball - it was advert
- it was decided it was offer because it was promised by one party by the actions of another party.

Question 7

What is a mere or a boast?

Answer 7

Mere or boast = is like exaggeration

Question 8

What is void?

What is voidable contract?

Answer 8

Void = there is no contract

Voidable = one party can cancel it

Question 9

NEW AND UPDATED!
1. What is battle of forms?
2. What is exclusion clause?
3. What is limitation clause?
4. What is bilateral contract?
5. What is unliteral contract?
6. What does the case Gibson vs Manchester City council + partridge vs crittenden + fisher vs bell

Answer 9

1. Both parties want to use their own standard terms.
2. Exclusion clause = no money is paid if something is going wrong ( do at your own risk )
3. Limitation clause = you will be secured like a maximum would be paid.
4. Bilateral contract = both parties promise to do something. So someone is selling a car for 5,000 and the buyer agrees and pays 5,000
5. Unilateral contract = only one part makes a promise.
6. They was invitation to treat.