Lecture 4

Question 1

What is duress?

Answer 1

• unlawful pressure. It is like black mailing them.

Question 2

What is Undue influence?

Answer 2

• this means when you bribe someone like you ask them for stuff in return for information

Question 3

What is case study about misrepresentation?

Answer 3

Sykes vs Taylor rose 2004
- miss and mr Sykes were buying a house from taylor rose and Sykes took them to court because they did not tell them about someone dying in the home. But it was no classed as misrepresentation as they could have find out that themselves and it not something lying about bedrooms etc

Question 4

What does negligent mean?

Answer 4

• not checking just assuming the information

Question 5

What 3 ways of mistakes
- common
- mutual
- unilateral

Answer 5

Common = both parties make the mistake

Mutual : parties are at cross purposes

Unilateral = only one party makes mistake

Question 6

What is breach of contract?

How do you discharge a contract?

What is actual breach?

What is anticipatory breach?

Answer 6

• when someone says they are not fulfil the contract.

Discharge a contract
- agreement = both mutual
- actual breach = e.g someone tells you on the day
-anticipation breach = they tell you before the day you can start egal action!

Question 7

What is remedies of breach of conduct?
- damages
- action for agreed contract price
- quantum meriut
-specific performance
- injunction
- repudiation

Answer 7

1. Damages = money
2. Action for agreed contract price = innocent party decides how much to take
3. Quantum meritut= however much they as earned
4. Specific performance = actually carrying out the agreeemnt
5. Injection = they can’t do something
6. Repudiation = termination the contract and claim damages

Question 8

What is substantial performance?

What is divisible contracts?

What is prevention of completion?

What is acceptance of performance?

Answer 8

1. Substantial performance = most contract has already been completed so payment must be made
2. Divisible contracts = dividing the money into parts. You get paid for part you completed.
3. Preventstion of completion= so some hired someone to do something for them but they don’t want to continue this . They have to still pay the person.
4. Acceptance of partial performance = you complete the work that has not been dome by the builder. You still have to pay them for what they have done.