week 5 - contract law Flashcards
(10 cards)
what case is an example of where the condition in a case was broken?
Poussard v spiers (1876)
An opera singer (poussard) fell ill for the first week of performances, producer hired a substitute + refused the services of poussard for the remaining performances.
Verdict: performing on the opening night was a condition of the contract, therefore failure to do so can be regarded as a breach of contract.
what case is an example of where the warranty of a case was broken?
Bettini v gye (1876)
An opera singer (bettini) was contracted to perform for 3 months and attend rehearsals for 6 days beforehand, he arrived 3 days late so the producer refused to accept services.
Verdict: the non attendance was a breach of warranty. The producer can sue for damages for breaching warranty but can’t terminate the contract as this would be he breached the contract himself.
what case is an example of where the claimant was bound by the exemption clause?
L’estrange v graucob (1934)
Claimant purchased a cigarette vending machine for her cafe and signed a contract without reading it.
Verdict: claimant was bound by the exemption clause regardless of the fact she hadn’t read the clause because she signed it.
what case is an example of where someone could not rely on the exemption clause?
Olley v marlborough court ltd (1949)
Claimant stayed at a hotel, paid at reception and went to his room to find a notice on the door excluding the hotel from any liability for lost or stolen items, they then had their coat stolen when they went out for the evening.
Verdict: because the contract was made at reception before the claimant had notice of the clause, the hotel could not rely on the exemption clause and were liable for the loss
what case is an example of a case that was judged as misrepresentation?
With v o’flanagan (1936)
Doctor sold his medical practice, buyer requested info regarding annual revenue which the doctor provided. He fell ill before the sale, affecting revenue.
Statement was false at the time of sale.
what case is an example of a case that is not actionable misrepresentation?
Attwood v small (1838)
Seller of a mine made exaggerated claims about its potential revenue, the purchaser appointed an expert to check claims and the findings agreed with the made claims.
Verdict: this was not actionable misrepresentation as the purchaser had relied on the expert’s statement, not the seller’s statement.
what case is an example where a common mistake occurred?
Scott v coulson (1903)
Two parties negotiated a contract for a life insurance policy on a person + both parties mistakenly believed this person was alive when the contract was made.
Verdict: the contract was void as the common mistake was made.
what case is an example where a mistake occurred?
Raffles v wichelhaus (1864)
Two ships with the same name left bombay at the same time, the seller thought the cotton was on 1 ship whilst the buyer thought the cotton was on the other one.
Verdict: no possibility of finding common ground so contract was void for a mistake.
what case is an example where economic duress was present?
Atlas express v kafco (1989)
Defendant was a small company that imported + sold goods to retail stores, claimant was a delivery company. Claimant revised the price list and threatened to not carry any further loads unless new prices were agreed to.
Defendant could not find another carrier in the run up to xmas so signed the new agreement but later refused to pay new prices.
Verdict: defendants were forced into the new terms, contract was set aside for economic duress.
