Acts & Specifics Flashcards
Requirements of facility and circumvention:
Party must be shown to have been facile at time of formulation:
Must be proved that
- contract was to their disadvantage
- induced to enter due to fraud and circumvention
Contracts (s) Act 1997
Verbal agreements
- rebuttable presumption contract contains all agreed terms
But - cannot be rebutted is explicitly stated all terms are incorporated
However
If no such declaration made, extrinsic evidence may be admitted to rebut presumption
Adults with Incapacity (s) Act 2000
Governs contracts made by those with mental disabilities.
S67(1)- adult has no capacity within authority conferred to guardian unless authorised under s64(1)(e).
S67(4)- guardian personally liable if
A) acts without disclosing to be guardian
B) acts out with scope of authority
S67(5)- contract adult enters into with 3rd party with authorisation is valid.
Formal requirements for the formation of contracts governed by:
Requirements of Writing (s) Act 1995
Supplemented by:
Legal Writings (counterparts & delivery)(s) Act 2015
Age of Legal Capacity (s) Act 1991
> 16 not contractual capacity
Apart from types usual for age and circumstance
16 - full contractual capacity
16-18 can have contracts set aside until age of 21 if prejudicial, unless judicial ratification.
UCTA 1997
Now only applies to businesses and non - consumer contracts
Imposes statutory limits on avoidance of civil liability through exclusion clauses
Does not examine if contract fair
Written documents needed under RWSA 1995:
Those concerning land
Gratuitous unilateral obligations
Trusts
Wills
Personal bar and the absence of writing
Operates to prevent the withdrawal of and otherwise invalid contract e.g. Required written form
RWSA 1995 s1(3)(4):
Must have acted/refrained from acting in reliance upon contract, other party must know
Withdrawal would affect party to a material extent, adversely affected.
Cannot withdraw on grounds of contract not being properly constituted
Void
Voidable
Total absence of agreement
Manner by which agreement obtained makes it unfair to hold parties to contract.
CRA 2015
Unfair terms
Concerns contracts between traders and consumers
Applies to negotiated and non-negotiated
Applies to consumer notices e.g. Communication which is reasonable to assume is intended to be read by consumer
Applies to both contractual and non contractual. Non eg car park sign.
CRA 2015
Fairness
Not fair, won’t bind - significant imbalance in parties rights and obligations
Where ambiguous - interpreted in favour of customer
Limitation for death or injury resulting from negligence - automatically unenforceable
Other loss and damage can be limited as long as fair.
CRA 2015
Transparency
Terms must be legible and expressed in plain and intelligible language
Obligation for transparency is upon trader
CRA 2015
Main exemption
Courts will not asses fairness of terms concerning price or subject matter unless
Terms are not transparent or prominent.
CRA 2015
The grey list
Consumer contracts which may be regarded as unfair:
Terms requiring consumers to pay disproportionate amount to discontinue contract.
Terms allowing trader to determine subject matter or price of contract after contract has been agreed.
3 types of express terms
Those which:
Relate to substance
E.g. What is to be performed
Risk management
E.g. Exemption clauses, force majeure, liquidate damages
Enforcement of contract
E.g. Jurisdiction clauses
