case

Question 1

donoghue v. stevenson

Answer 1

snail in drink: negligence - the manufacturer owed duty of care to consumer

Question 2

childs v. desormeaux

Answer 2

new years eve party: negligence - foreseeable victims

Question 3

hedley byrne v. heller

Answer 3

economic loss: negligent misrepresentation of financial advice

Question 4

hercules management v. ernst & young

Answer 4

economic loss: negligent misrepresentation - duty of care was owed, however court decision favoured defendant for policy reasons

Question 5

mustapha v. culligan

Answer 5

fly in water bottle: foreseeability and duty of care

Question 6

foakes v. beer

Answer 6

mercantile law amendment act: partial payment of debt

Question 7

libel and slander act

Answer 7

defence to defamation: journalists a fair comment defence when they have an honest belief

Question 8

occupier’s liability act

Answer 8

different duty of care owed to different trespassers: invitee, licensee, trespasser

Question 9

consumer protection act

Answer 9

legislation that sets out rules about contracts to protect the consumer

Question 10

3 different causes of action for professionals

Answer 10

1. breach of fiduciary duty
2. tort - negligent misrepresentation
3. breach of contract

Question 11

2 things that make contract unenforceable

Answer 11

1. illegal contracts

2. statue of frauds

Question 12

turning 18; continuous contracts

Answer 12

silence means the contract stands

Question 13

turning 18; one time contracts

Answer 13

silence means contract is over

Question 14

3 mistakes about terms

Answer 14

1. words used inadvertently/accidentally - voidable
2. different meaning of words - void
3. errors in transcription - rectification

Question 15

2 mistakes in assumptions

Answer 15

1. existence of subject matter/one of a kind goods - void

2. value of subject matter - voidable

Question 16

3 mistakes in identity

Answer 16

1. face to face - voidable
2. distant real identity - void
3. distant fake identity - voidable

Question 17

5 contracts affected by statute of frauds

Answer 17

1. executor’s promise
2. guarantee
3. in contemplation of marriage/prenups
4. interest in land - entered into registry
5. not performed in 1 year - so parties don’t forget

Question 18

trade usage

Answer 18

meaning used in the particular industry