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Cilex Contract Law L3 Chapter 4 - contents of contract > Revision class > Flashcards

Revision class Flashcards

1
Q

Invitation to treat

A

is not capable of being accepted
invitation for offers and open to negotiations

Pattridge V Crittenden - advertisements.

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2
Q

Gibson V Manchester cc

A

“may prepared to sell”

Invitation to treat

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3
Q

Boots V Pharmaceutical

A

Goods on display

Invitation to treat

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4
Q

Entores V Miles Far East

A

Acceptance must be communicated

must mirror the offer and agree on the same terms.
mirror image rule.

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5
Q

An offer

A

an expression of willingness to be bound on specific terms if accepted.
Oral/ written or by conduct

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6
Q

Taylor v Laird

A

An offer must be communicated to the offeree

Ships captain

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7
Q

Hilla v arcos

A

An offer
Must be certain, i.e
Include Terms
Term was vague but industry standard

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8
Q

Destroys an offer (4)

A

Lapse of time
Rejection / Counter Offer
Acceptance
Revocation

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9
Q

Stilk V Myrick

A

Consideration

Performance of existing duty is not good contractual consideration for a new promise

Doing 2 men’s work

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10
Q

Acceptance

A
  • parties are both in agreement and have accepted each others terms.

Can be accepted via postal rule

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11
Q

Silence can not be taken as acceptance

A

Felthouse v Brindley

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12
Q

Butler Machine Tool v Ex-cell-o

A

Acceptance

It can be through conduct (took delivery)

Battle of the forms

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13
Q

Postal rule

A

Acceptance on posting rather than when received
Postal rule - must be agreed between the parties that they can use this form of communication. Stamped Property and Addressed properly. Acceptance is when it has been posted.

Adam V Lindsell

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14
Q

Currie v misa

A

Consideration
Price paid for a person’s promise
Benefit and detriment

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15
Q

Consideration is something of value which is exchanged between the parties

both parties must contribute something of value

they must each suffer a detriment and a benefit

cannot be a gift

Exchange of promises

A

Currie v misa

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16
Q

Two types of consideration

A

executed

and

Executory

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17
Q

Doctrine of privity

A

Tweedle V Atkinson - only parties to the contract are bound by the contract

Contract rights of third parties act 1999

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18
Q

Special knowledge or skill

A

greater knowledge on the area such as a car specialist it is more likely to be a contractual term
Oscar Chess v Williams

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19
Q

Past consideration

A

Not good

Re McKardle

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20
Q

Exception to past consideration not being good consideration

A

Performing service - doctrine of implied assumpisit

Lampleigh v Braitwait

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21
Q

Consideration

Need not be adequate, must be sufficient, tangible & have value (2)

A

Thomas v Thomas

chappel v nestle

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22
Q

implied terms

A

statutory rights, such as Consumer Right Act 2015

by custom or trade

in fact or in law or by the courts

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23
Q

Consideration

Existing DUTY is not good consideration - the exception

A

Harris & Sheffield United - police

Over and above

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24
Q

Performance of existing DUty is not good contractual consideration for a new promise

A

Stilk V Myrick

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25
they had gone beyond their existing CONTRACTUAL duty
Hartley v ponsonby (4 mens work, danger) was entitled to the money owed
26
Exception to performing existing CONTRACTUAL duty IS not good consideration -
Williams V Roffey bros Practical benefit for its performance No financial distress
27
Innominate Terms
Cannot be defined at the time of the breach. Effect depends on how serious the results are Hong Kong Fir Shipping v Kawasaki
28
Misrepresentation is
A false statement that induces the other party into entering the contract
29
Social & domestic contract assumptions can be rebutted if
Divorce or bad feelings Merrit v merrit Practical benefit or disadvantage to a party Simpkins V Pays
30
Business contract assumptions can be redutted if
Binding in honour only clauses 'subject to contract' Rose & Frank v Crompton Or mere statements
31
Contract contents What are Terms & Representations
Consider expertise of the parties importance of the statement if is it a persuasive element Term:a clear defined statement that the offeror wishes to be bound by and forms part of the contract Mere Representation: An advertising phrase that would have no real meaning, such as best car on the road
32
Four ways to Discharge a contract
Agreement Performance Frustration Breach
33
Discharge of contract - Agreement
by agreeing to discharge the contract, both parties are agreeing that they both wish to be freed of their obligations of the contract Accord and satisfaction
34
Discharge of contract - Performance
when both parties have done what they promised to do, the contract will come to an end. "the entire performance rule" states both parties have to do precisely and completely what they promised Cutter v Powell (cutler performance)
35
Contents of contract | Terms or representation - Reduction in to writing
Verbal is more like to a representation | birch v paramount estates (show House)
36
Contents of contract | expressed terms
normally come with notice and is in the contract
37
Contents of contract Where do implied terms come from (3)
statutory rights, such as CRA 2015 by custom or trade in fact or in law or by the courts
38
Essential factors to make a claim
Must be a breach Must have caused the loss Not too remotness Must have attempted to mitigate the loss
39
Business efficacy test | Officious bystander test
The Moorcock obvs & necessary to the contract A bystander = oh of course
40
Contents of a contract - Conditions
a major term of the contract which goes to the root of the contract Poussard v Spiers and Pond Rescission and damages
41
Contents of a contract | Warranties
minor terms of a contract damages but can not end the contract Bettini v Gye
42
Innominate Terms
Cannot be defined at the time of the breach. Effect depends on how serious the results are Hong Kong Fir Shipping v Kawasaki
43
Misrepresentation is
A false statement that induces the other party into entering the contract
44
3 types of misprep
Innocent - party is unaware Fraudulent - does not honestly believe it to be true Negligent - reckless, careless, believe it but no reasonable grounds to believe it Misrep act 1967
45
Negligent
``` damages under S2(1) Misrep act 1967 ``` Howard Marine & Dredging Co v Ogden & Sons Royscot Trust v Rogerson (claim under Misrep act)
46
Fraudulent
Rescission and/or damages in the tort of deceit Derry v Peek
47
Innocent
rescission or damages in lieu of rescission under S2(2) Misrep act 1967
48
Discharge of contract - Agreement
by agreeing to discharge the contract, both parties are agreeing that they both wish to be freed of their obligations of the contract
49
cutter v Powell
Discharge of contract - Performance when both parties have done what they promised to do, the contract will come to an end. "the entire performance rule" states both parties have to do precisely and completely what they promised
50
Discharge of contract | What is Frustration
A contract may be frustrated where there has been a unforeseeable frustrating event after the contract was made. It is not the fault of either of the parties. the event was unforeseeable such as COVID. Each party is discharged from future obligations and this rescinds the contract. the contract becomes illegal to perform it will frustrate the contract Fibrosa
51
Essential factors to make a claim
Must be a breach Must have caused the loss Not too remote Mitigate losses
52
Breach - Must be aware
Victoria Laundry v Newman Ind.
53
Equitable remedies
@ Courts discretion Repudiation Rescission Specific performance Injunctions
54
Hyde v wrench Stevenson Jaques Co v mclean
Destroys an offer Counter Offer Does not - requests for further information.
55
Dickinson V Dodd
Revocation of an offer - communicated Dickinson V Dodd by a reliable third party Can be withdrawn before acceptance.
56
Adams v Lindsell
Postal rule
57
Oscar Chess v Williams
Contract term greater knowledge on the area such as a car specialist it is more likely to be a contractual term
58
Re McCardle (home improvements)
Past consideration is not good
59
Lampleigh v Braitwait
doctrine of implied assumpisit Performing service Exception to past consideration not being good consideration
60
Fibrosa v Fairbairn
Frustation the contract becomes illegal to perform it will frustrate the contract
61
Condor vs The Barron Knights
Frustation Death or illness
62
Knell vs Henry
Frustation An event linked to the contract does not take place
63
Frustation | Venue unavailable
Taylor v Caldwell ``` Law reform (frustrated contract) Act 1943 Gamerco v ICM ```
64
Four types of frustration
Death Venue Event Illegality

Cilex Contract Law L3 Chapter 4 - contents of contract (2 decks)

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