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Flashcards in Week 2 Deck (14)
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1

What is an obligation ?

The relationship of corresponding rights and duties

2

What is a unilateral obligation?

A promise.
A promise has a creditor (with a right ) and a debtor (duty)

3

What is a Bilateral obligation?

Contract for services
A ( Right to receive performance and duty to pay)
B ( Right to payment and duty to perform)

4

In order to form a contract what conditions must be met?

Parties must have capacity
Rules on constitution must be complied with

5

What Acts regulate capacity ?

The age of legal capacity Act 1991 concludes ago of capacity at > 16

Adults with incapacity Act 2000

X v BBC (2005) CSOH 80

6

What happens if a contract is purported ?

Void ab inito - void from beginning

7

What happens if benefit is passed under a void agreement ?

It can be recovered through unjustififed enrichment

8

How can terms be applied ?

Can be applied through law ( Sale of Goods Act 1979)
Can be applied through facts

9

What is case to reference in terms of unjustified enrichment

Morgan Guaranty Trust Co of New York v Lothian RC 1995 SC 151

10

What happens if bilateral error occurs

contract is void

11

What happens if unilateral error occurs

No effect until it is induced by other party

12

What type of error will support a challenge to contract

Uninduced unilateral

13

What kinds of obligations outlast the contract

Performance waver and prescription

14

What are two types of breach of contract

Material and mutuality