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Unit 2 > Case Law > Flashcards

Case Law Flashcards

1
Q

In which case did the judge observe that “a contract can be made anywhere, in any circumstances”? M v G

A

MacInnes v Gross

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2
Q

What is the leading case on privity of contract? T v A

A

Tweddle v Atkinson

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3
Q

Which case established the rule that a contract cannot place a burden on a third party? D v S

A

Dunlop Pneumatic Tyre Co Ltd v Selfridge and Co Ltd

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4
Q

Which case law established an exception to the doctrine of privity of contract? J v H

A

Jackson v Horizon Holidays Ltd

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5
Q

Which case failed to allow third parties to enforce terms of the contract due to the third parties not being identified expressly? A v C

A

Avraamides v Colwill

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6
Q

Which case modified the approach of Avraamides v Colwill and how the term ‘express’ should be interpreted in relation to identifying third parties within a contract? C v C

A

Chudley v Clydesdale Bank plc

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7
Q

Which case law explains the objective approach used by the courts to establish whether there is agreement? S v H

A

Smith v Hughes

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8
Q

Dunlop Pneumatic Tyre Co Ltd v Selfridge and Co Ltd established what rule regarding third parties?

A

That a contract cannot place a burden on a third party

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9
Q

MacInnes v Gross established what principle regarding the creation of contracts?

A

“A contract can be made anywhere in any circumstances”.

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10
Q

Name one of the two cases which made clear that in order for the court to objectively examine whether an agreement was made between the parties, they would examine parties’ conduct both before and entering into the ‘agreement’. B v A / W v R

A

Blue v Ashley / Wright v Rowland

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11
Q

What case is an example of when a contract will be void because an important term of the offer was uncertain? S v O

A

Scammell and Nephew Ltd v Ouston

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12
Q

Jackson v Horizon Holidays established an exception to what rule?

A

The doctrine of privity of contract

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13
Q

Tweddle v Atkinson is the leading case on what rule?

A

Privity of contract

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14
Q

Why did the court hold there was no valid agreement formed in the case of Scammell and Nephew Ltd v Ouston?

A

A phrase forming part of the offer was too important and too vague, so the contract was void for uncertainty

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15
Q

Smith v Hughes explains how the courts objectively approach what?

A

Establishing whether there is agreement between parties.

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16
Q

The interpretation of which rule from C(RTP)A 1999 is contrasted by the judges in Avraamides v Colwill and Chudley v Clydesdale Bank plc?

A

s1(3), which states that a third party may enforce a term of a contract if the contract expressly identifies them

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17
Q

In which case did the courts reiterate that they will try to give effect to contracts where it is possible to do so? O v F

A

Openwork Ltd v Forte

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18
Q

What is an example case of the court striking out one uncertain term of a contract and leaving the rest of the contract in place? N v S

A

Nicolene Ltd v Simmonds

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19
Q

Which case law demonstrates that an offer must be successfully communicated to the offeree? T v L

A

Taylor v Laird

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20
Q

What is the leading case example of a unilateral contract?

A

Carlill v Carbolic Smoke Ball Co Ltd

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21
Q

What is a case law example of an advertisement being an invitation to treat? P v C

A

Partridge v Crittenden

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22
Q

What is a case law example of an advertisement being an offer as it contains a definite promise? C v C

A

Carlill v Carbolic Smoke Ball Co Ltd

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23
Q

What is a case law example of an auction being an invitation to treat when there is a reserve? B v W

A

British Car Auctions v Wright

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24
Q

What is a case law example of an auction being an offer because there is no reserve? W v H

A

Warlow v Harrison

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25
Q

Nicolene Ltd v Simmonds demonstrates what rule regarding uncertainty on terms of contracts?

A

That if the uncertain term is only one minor term then the courts will only strike out that term and leave the rest of the contract standing.

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26
Q

What did the courts reiterate in Openwork Ltd v Forte regarding their position on giving agreements effect?

A

That they will try to give effect to what the parties have agreed where it is possible to do so.

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27
Q

Patridge v Crittenden is an example of which type of invitation to treat?

A

Advert

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28
Q

Carlill v Carbolic Smoke Ball Co Ltd is an example of what type of offer?

A

An advertisement

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29
Q

Taylor v Laird is an example of what rule regarding offers?

A

That an offer must be successfully communicated to an offeree.

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30
Q

British Car Auctions v Wright is an example of an auction being considered what, and why?

A

An invitation to treat, as there is a reserve

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31
Q

Warlow v Harrison is an example of an auction being considered what, and why?

A

An offer because there was no reserve

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32
Q

Which case is an example of a request for tender being considered an invitation to treat? S v H

A

Spencer v Harding

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33
Q

What is a case law example of a request for tender which promises to accept the ‘best’ bid, thus becoming an offer? H v R

A

Harvela Instruments Ltd v Royal Trust Co of Canada

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34
Q

What case law is an example of displays of goods for sale being invitations to treat? F v B OR P v B

A

Fisher v Bell OR Pharmaceutical Society of Great Britain v Boots Cash Chemists

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35
Q

What case law is an example of a mere statement of price being an invitation to treat? C v P OR G v M

A

Clifton v Palumbo OR Gibson v Manchester City Council

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36
Q

Which case law illustrates the general rule in respect of revoking a bilateral offer (that it can be revoked anytime prior to acceptance)? P v C

A

Payne v Cave

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37
Q

Which case law shows that revocation is valid when received and not when it is put in the post? B v V

A

Byrne v Van Tienhoven

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38
Q

Harvela Instruments Ltd v Royal Trust Co of Canada is an example of which type of offer?

A

Request for tender which promises to accept the best bid.

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39
Q

Fisher v Bell OR Pharmaceutical Society of Great Britain v Boots Cash Chemists are example cases of which type of invitation to treat?

A

Displays of goods for sale

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40
Q

Spencer v Harding is an example of what type of invitation to treat?

A

Requests for tender

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41
Q

Which case law shows that revocation can be communicated validly by a reliable third party? D v D

A

Dickinson v Dodds

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42
Q

Byrne v Van Tienhoven illustrates what rule regarding posting of revocation?

A

That revocation is valid when received not when posted

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43
Q

Payne v Cave illustrates what general rule in relation to revocation of bilateral offers?

A

That an offer can be revoked any time prior to acceptance, provided this is successfully communicated to the offeree.

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44
Q

What case demonstrates revocation of an offer by implication by making a second separate offer? P v C

A

Pickfords v Celestica Ltd

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45
Q

Clifton v Palumbo / Gibson v Manchester City Council are both examples of what type of invitation to treat?

A

Mere statements of price

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46
Q

Dickinson v Dodds demonstrates what rule regarding communication of revocation?

A

A reliable third party is able to communicate revocation.

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47
Q

Pickfords v Celestica Ltd demonstrates which method of revoking an offer?

A

By implication, by making a second separate offer.

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48
Q

Which case shows that revocation of a unilateral offer cannot take place once the offeree has begun the act of acceptance? E v E

A

Errington v Errington and Woods

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49
Q

What is the American case which is used to give the general approach that an offeror should take reasonable steps to bring the revocation of a unilateral offer to the attention of anyone affected? S v U

A

Shuey v United States

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50
Q

Which case shows that a counter offer is considered a rejection of the original offer? H v W

A

Hyde v Wrench

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51
Q

Shuey v United States is the American authority which gives what general approach regarding revocation?

A

That an offeror must take reasonable steps to bring the revocation of a unilateral offer to the attention of anyone affected.

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52
Q

Errington v Errington and Woods demonstrates what rule in relation to revocation of unilateral offers?

A

Revocation of a unilateral offer cannot take place once the offeree has begun the act of acceptance?

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53
Q

What case law shows the general rule in relation to “battle of the forms” cases (that the last party in commercial negotiations to send their terms wins as each is a new counter offer rejecting the one prior). B v E (its a long one!)

A

Butler Machine Tool Co v Ex-Cell-O Corporation (England) Ltd

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54
Q

Which case is an example of when a mere request for further information was distinguished from a counter offer? (and shows the importance of doing so) S v M

A

Stevenson, Jacques and Co v McLean

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55
Q

What is a case law example of lapse of time ending an offer? R v M (childhood beach!)

A

Ramsgate Victoria Hotel v Montefiore

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56
Q

Hyde v Wrench is an example of what rule regarding rejection of offers?

A

That a counter offer is a rejection of the original offer, and means the original offer can no longer be accepted if a new offer has been proposed on new terms.

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57
Q

What is a case law example of when acceptance of an offer did not comply with the “mirror image rule” and so was not valid acceptance? K v R (or H v W)

A

Kyte v Revenue and Customs (or Hyde v Wrench - also the case law for counter offers)

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58
Q

Which case is an example that acceptance must be communicated to the other party? E v M

A

Entores v Miles Far East Corporation

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59
Q

Which case is the leading authority that silence is not valid acceptance? F v B

A

Felthouse v Bindley

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60
Q

Stevenson, Jacques and Co v McLean is a case law example which illustrates the importance of distinguishing which two things in relation to offers?

A

Counter offers and mere requests for information. The latter will not terminate the existing offer.

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61
Q

Why was acceptance not valid in the case of Kyte v Revenue and Customs?

A

Because it was not an acceptance on the same terms as the offer (mirror image rule) and was instead viewed as a counter offer.

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62
Q

Ramsgate Victoria Hotel v Montefiore is a case law example of which way that an offer can end?

A

Lapse of time

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63
Q

Entores v Miles Far East Corporation illustrates what point regarding acceptance?

A

That acceptance must be communicated by an offeree to an offeror in order to be valid.

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64
Q

In Butler Machine Tool Co v Ex-Cell-O Corporation (England) Ltd, what general rule was held regarding “battle of the forms” in commercial negotiations?

A

That the last party to send terms “wins” as each redraft constitutes a new counter offer which terminates the offer before.

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65
Q

Which case law shows that if an offeror has stipulated a certain method for communication of acceptance then only use of this method or any means no less efficient will suffice? F v S

A

Friends Life Ltd v Siemens Hearing Instruments Ltd

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66
Q

What case law is an example of the rule that only a person authorised to communicate acceptance of an offer may do so? P v L

A

Powell v Lee

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67
Q

Felthouse v Bindley is the leading case for what general rule regarding acceptance?

A

Silence does not ordinarily amount to valid acceptance.

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68
Q

What is the leading case on acceptance via conduct? B v M

A

Brogden v Metropolitan Railway

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69
Q

What case law is an example that acceptance of unilateral offers need not be communicated, and that it is completed by performing the conditions and then notifying an offeree of the completion? C v C

A

Carlill v Carbolic Smoke Ball Co

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70
Q

Which case law established the postal rule for acceptance of offers? A v L

A

Adams v Lindsell

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71
Q

What is the case law example for the exception to the postal rule that the acceptance must be correctly stamped and addressed in order to be valid? K v T, T

A

Korbetis v Transgrain Shipping BV, The Alexia M

accept Korbetis v Transgrain

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72
Q

Which case law is an example of when parties chose to exclude the postal rule from the offer? H v H

A

Holwell Securities Ltd v Hughes

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73
Q

Which case established the general guidance applied for acceptance of an offer by modern methods of communication? B v S (the long foreign one)

A

Brinkibon Ltd v Stahag Stahl und Stahlwarenhandelsgesellschaft mbH

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74
Q

Adams v Lindsell established what important rule regarding acceptance of offers?

A

The postal rule

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75
Q

Brogden v Metropolitan Railway is the leading case example regarding which exception to the general rule on communication of acceptance?

A

That acceptance via conduct is a valid acceptance provided both parties act in accordance with their suggested obligations

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76
Q

Which case established the idea of consideration being a ‘benefit’ to one party or a ‘detriment’ to the other? C v M

A

Currie v Misa

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77
Q

What case (also used regarding privity of contract) is a case law example of the rule that consideration must move from the promisee? D v S

A

Dunlop Pneumatic Tyre Co Ltd v Selfridge and Co Ltd

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78
Q

The case of Brinkibon Ltd v Stahag Stahl (and another) is the general guidance used in relation to what?

A

Acceptance of offers by modern methods of communication.

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79
Q

What is a case law example of the rule that consideration must not be past? Re M

A

Re McArdle

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80
Q

As well as being an example case for privity of contract, Dunlop v Selfridge (shortened name) can also be used for which rule regarding consideration?

A

That consideration must move from the promisee.

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81
Q

Currie v Misa established what alternative definition in relation to consideration?

A

That it is something which is a ‘benefit’ to one party or a ‘detriment’ to the other

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82
Q

Which case law established the doctrine of implied assumpsit? L v B

A

Lampleigh v Braithwait

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83
Q

Re McArdle is a case law example of which rule in relation to consideration?

A

Consideration must not be past

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84
Q

What case law is an example of the rule that consideration need not be adequate? C v N

A

Chappell and Co v Nestlé Co Ltd

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85
Q

Which case established sufficient consideration to be something which has “some value in the eyes of the law”? T v T (same)

A

Thomas v Thomas

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86
Q

What is a case law example of performance of an existing public duty not being sufficient consideration? C v G

A

Collins v Godefroy

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87
Q

Which rule was established in the case of Lampleigh v Braithwait and is an exception to the rule of past consideration?

A

The doctrine of implied assumpsit - that if someone performs a service at the request of the party which is normally paid for then it is assumed that it was meant to be paid for a later promise to pay will be enforced

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88
Q

Chappell and Co v Nestlé Co Ltd is a case law example of what rule regarding consideration?

A

That consideration need not be adequate

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89
Q

What is an example of a case in which performance of an existing public duty was valid, because something else over and above the existing public duty was given? G v G -or- H v S -or-R v W

A

Glasbrook Bros v Glamorgan County Council / Harris v Sheffield United Football Club / Reading Festival Ltd v West Yorkshire Police Authority

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90
Q

Collins v Godefroy is an example of what insufficient consideration?

A

Performance of an existing public duty

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91
Q

Thomas v Thomas identified sufficient consideration as what?

A

Something which has “some value in the eyes of the law”

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92
Q

Which case illustrates the point that performance of existing contractual duties is not valid consideration? S v M

A

Stilk v Myrick

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93
Q

In what case was it held that performance of an existing contractual duty can be sufficient consideration, providing the other party receives a practical benefit and there is no economic duress? W v R

A

Williams v Roffey Bros

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94
Q

In which case did the rule that a promise to repay part of a debt is not normally sufficient consideration originate? P’s Case

A

Pinnel’s Case

95
Q

Which case is an example of the exception to Pinnel’s Case, whereby if a creditor accepts part payment of a debt from a third party as full and final settlement they may not claim the rest of the debt from the debtor? H v T

A

Hirachand Punamchand v Temple

96
Q

What case law is an example that performance of existing contractual duties to a third party will be sufficient consideration? S v P

A

Scotson v Pegg

97
Q

Stilk v Myrick is an example of what type of insufficient consideration?

A

Performance of existing contractual duties

98
Q

Scotson v Pegg is an example of which rule regarding sufficient consideration?

A

Performance of an existing contractual duty owed to a third party will be sufficient consideration.

99
Q

What rule regarding a form of insufficient consideration originated in Pinnel’s Case?

A

That a promise to pay back part of an existing debt is not normally sufficient consideration, unless the debtor agrees to pay something else instead or agrees to pay before the debt is due or at somewhere other than where the debt is due

100
Q

What is a case law example of the rebuttable presumption that social and family agreements are not usually intended to be legally binding? B v B (doctors)

A

Balfour v Balfour

101
Q

What is a case law example of where the parties’ relationship has broken down, rebutting the presumption an agreement was not intended to be legally binding? M v M

A

Merritt v Merritt

102
Q

What is a case law example of where one party has put themselves at a significant disadvantage as a result of an agreement, rebutting the presumption an agreement was not intended to be legally binding? P v C

A

Parker v Clark

103
Q

What is a case law example of where shared payment was made as part of an agreement, rebutting the presumption an agreement was not intended to be legally binding? S v P

A

Simpkins v Pays

104
Q

Merritt v Merritt is an example of what situation which rebuts the presumption that family and social agreements are not intended to be legally binding?

A

When the relationship between the parties has broken down.

105
Q

Balfour v Balfour is an example of what rule used by the court when determining intention?

A

The rebuttable presumption that family and social agreements are not intended to be legally binding.

106
Q

Which case is an example of the rebuttable presumption that agreements made in the course of business are intended to be legally binding? E v L

A

Edmonds v Lawson

107
Q

What is a case law example of rebutting the presumption that business agreements are intended to be legally binding because the documents involved clearly stipulated the documents were not finalised? V v I

A

Volumatic Ltd v Ideas for Life Ltd

108
Q

What case is an example of the inclusion of an ‘honour clause’ that an agreement is ‘binding in honour only’ and thus not enforceable? J v V

A

Jones v Vernon’s Pools

109
Q

Parker v Clark is an example of what situation which rebuts the presumption that family and social agreements are not intended to be legally binding?

A

When one party has put themselves at a significant disadvantage as a result of the agreement.

110
Q

Simpkins v Pays is an example of what situation which rebuts the presumption that family and social agreements are not intended to be legally binding?

A

In this case, the parties shared the payment of fees which were part of the agreement, showing intention to be bound

111
Q

Volumatic Ltd v Ideas for Life Ltd is a case law example of which situation rebutting the presumption of business agreements being legally binding?

A

That documents/correspondence involved in the agreement clearly stipulated the documents were pre-contractual and not finalised

112
Q

Edmonds v Lawson is an example of what rule used by the court when determining intention?

A

The rebuttable presumption that agreements made in the course of business are intended to be legally binding

113
Q

In which case did the Court of Appeal state that marking correspondence subject to contract would rebut the presumption that the parties intended to enter into a contract until a formal contract is exchanged? T v W

A

Tiverton Estates v Wearwell Ltd

114
Q

What case law gives an example of the use of mere puffs? M v B

A

Mead v Babington

115
Q

Which case law illustrates the rule that if a statement is important to a contract and the party it was made to may not have entered into a contract without it, it will be considered a term? B v W

A

Bannerman v White

116
Q

What is a case law example of when lapse of time meant that a statement was not a term of the contract? R v M

A

Routledge v McKay

117
Q

What is a case law example of when a buyer has specialist knowledge or skills and a seller does not, and so the seller’s statement is considered a mere representation? O v W

A

Oscar Chess Ltd v Williams

118
Q

Bannerman v White is an example of what factor the court will consider when deciding if a statement is a representation or term?

A

The importance of the statement to a contract and whether or not the party would have entered into the contract without it.

119
Q

What is a case law example of when a seller has specialist knowledge or skills and a buyer does not, and so the seller’s statement is considered a term of the contract? D v H (long)

A

Dick Bentley Productions Ltd v Harold Smith (Motors) Ltd

120
Q

Routledge v McKay is an example of what factor considered by the courts when deciding if a statement is a term of the contract?

A

Lapse of time, in this case enough time had passed between making the statement and the contract being entered into that it was not considered a term

121
Q

Which case law is an example of the use of an limitation clause? A v A

A

Arcadis Consulting (UK) Ltd v AMEC (BSC) Ltd

122
Q

What case law established that once a party signs a document containing written terms, they will become part of the contract even if that party did not read them? L v F

A

L’Estrange v F Graucob Ltd

123
Q

Which case established an exception to the rule in L’Estrange that written contractual terms are binding once signed? C v C

A

Curtis v Chemical Cleaning and Dyeing Co Ltd

124
Q

What case shows that a term must be brought to a claimant’s attention when making the contract to incorporate it? (incorporation through notice) O v M

A

Olley v Marlborough Court Hotel

125
Q

Arcadis Consulting (UK) Ltd v AMEC (BSC) Ltd is an example of what type of clause being used in a contract?

A

A limitation clause (which aims to restrict a party’s liability in the event of a breach)

126
Q

Which case demonstrates an example of when a term was considered part of a contract even though the claimant was not aware of it, because it could be shown that they had been given reasonable notice of the term? P v S

A

Parker v South Eastern Railway Company

127
Q

Which case law demonstrates that the type of document giving notice of terms will affect whether or not the court will consider it reasonable notice (i.e. the document should be one which is expected to contain contractual terms) C v B

A

Chapelton v Barry Urban District Council

128
Q

L’Estrange v F Graucob set out what rule regarding written contractual terms?

A

That once a document containing them is signed, they become part of the contract whether they were read by the party signing or not

129
Q

Olley v Marlborough Court Hotel demonstrates which rule regarding the incorporation of written terms into contracts?

A

That a term must be brought to a claimant’s attention at the time of making a contract in order for it to be incorporated

130
Q

Parker v South Eastern Railway Company shows which rule in relation to incorporation of written terms into contracts?

A

That even if a claimant is not aware of the term, it can still be considered part of the contract as long as reasonable notice was given

131
Q

Which case set out the ‘red hand rule’, stating that the more unusual or onerous a clause, the more notice will be required to be given in order for it to be incorporated into a contract? J v B

A

J Spurling Ltd v Bradshaw

132
Q

Which case is an example of the rule that if parties have had a consistent course of dealing, terms which they used previously may be incorporated into future contracts, even if they have not received proper or actual notice? J v B

A

J Spurling Ltd v Bradshaw

133
Q

Which case is an example of written terms being incorporated into a contract through a common understanding of the parties, e.g. because certain terms are common in certain industries? B v I

A

British Crane Hire Corp Ltd v Ipswich Plant Hire

134
Q

As well as the consistent course of dealing rule, J Spurling Ltd v Bradshaw sets out which other rule, requiring more notice for clauses which are more unusual or onerous in order for them to be incorporated?

A

The red hand rule

135
Q

British Crane Hire Corp Ltd v Ipswich Plant Hire is an example of which situation in which written terms can be incorporated into a contract?

A

Incorporation through a common understanding of the parties

136
Q

Which case is an example of goods not being fit for purpose and backs up the implied term of s9 CRA 2015 (even though it is an older case)? G v A

A

Grant v Australian Knitting Mills

137
Q

Which case is an example of a breach of the implied term of fitness for purpose under s10 CRA 2015 (where goods should be fit for any purpose a consumer makes known to a trader)? P v L

A

Priest v Last

138
Q

What case is an example of a breach of the term implied by s11 CRA 2015 that goods must match their description? B v T

A

Beale v Taylor

139
Q

What is a case law example of a breach of the term implied into services contracts by s49 CRA 2015 that the trader must perform the service with reasonable care and skill? D v C

A

Davey v Cosmos Air Holidays

140
Q

What case is an example of when the courts imply a term ‘by law’ (i.e. because a such a term is common in contracts of that type) as well as being the case law in which the business efficacy test was explained? L v I

A

Liverpool City Council v Irwin

141
Q

Grant v Australian Knitting Millsis an example of which implied term from CRA 2015 and what section?

A

s9 - satisfactory quality

142
Q

Beale v Taylor is an example of a breach of which implied term from CRA 2015?

A

s11 - description

143
Q

Priest v Last is an example of which term implied into sale of goods contracts by CRA 2015?

A

Fitness for any purpose a consumer makes known to a trader (s10)

144
Q

Davey v Cosmos Air Holidays is a breach of which term implied into services contracts by CRA 2015?

A

s49 - that a trader must perform a service with reasonable care and skill

145
Q

Which case law is an example of a term implied by custom? H v W

A

Hutton v Warren

146
Q

Which case law is an example of terms implied by the court ‘on the particular facts’? M v B (long)

A

Marks and Spencer plc v BNP Paribas Trust Company (Jersey) Ltd

147
Q

Liverpool City Council v Irwin is a case law example of what way in which terms are implied into contracts, and the case in which what rule was explained?

A

Term implied by the courts ‘by law’. Explained the business efficacy test.

148
Q

In which case did the officious bystander rule come from? S v S

A

Shirlaw v Southern Foundries Ltd

149
Q

Which case law is an example of the use of both the officious bystander rule and the business efficacy test? The M

A

The “Moorcock”

150
Q

Shirlaw v Southern Foundries Ltd established what rule regarding implied terms by the court?

A

The officious bystander rule

151
Q

Marks and Spencer plc v BNP Paribas Trust Company (Jersey) Ltd is an example of courts implying terms into contracts based on what?

A

implied on the particular facts

152
Q

The “Moorcock” is an example of the use of which rules in relation to terms implied by the court?

A

The officious bystander rule and the business efficacy test

153
Q

What case law confirmed that a term will only be implied into a contract by the courts if it is necessary to do so, for practical and commercial coherence? W v S

A

Wild Duck v Smith

154
Q

What are the two cases which illustrate the difference between conditions and warranties? P v S and B v G

A

Poussard v Spiers and Pond (breach of condition) and Bettini v Gye (breach of warranty)

155
Q

Which case shows that when deciding the status of an innominate term, the courts adopt a wait and see approach and determine based on the severity of the breach? H v K (long)

A

Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd

156
Q

Which case law established the modern approach that unless a term has been expressly stated as a condition or warranty, it will be classified as innominate as a starting point? S v G

A

Spar Shipping AS v Grand China Logistics

157
Q

What was confirmed in Wild Duck v Smith regarding terms implied by courts?

A

They will only imply terms if it is necessary to do so.

158
Q

The two cases, Poussard v Spiers and Pond, and Bettini v Gye illustrate the difference between what?

A

Conditions and warranties

159
Q

In which case was it stated that a misrepresentation does not have to be in words, and could also be a nod, wink or shake of the head for example? W v M

A

Walters v Morgan

160
Q

Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd shows what approach by the courts when determining the status of what?

A

The wait and see approach regarding innominate terms

161
Q

What is an example of a statement of opinion, something not usually considered to be a misrepresentation? B v W

A

Bissett v Wilkinson

162
Q

What case is an example of an exception to the general rule that a statement is not an opinion but a fact (and so a misrep) when the person making it knows the facts best or is best placed to know whether their ‘opinion’ is true? Also shows that if a representee does not check a representation then that is sufficient evidence that they relied upon the statement made? C v B-C

A

Cherrilow Ltd v Butler-Creagh

163
Q

What case law gives an example of caveat emptor, or ‘let the buyer beware’? S v T

A

Sykes v Taylor-Rose

164
Q

What is an example of a party telling a half truth, giving a false impression and so being liable for misrepresentation as they did not disclose all the facts? N v B

A

Nottingham Patent Brick and Tile Co v Butler

165
Q

Bissett v Wilkinson is an example of what which is not usually considered to be a misrepresentation?

A

A statement of opinion

166
Q

Sykes v Taylor-Rose is an example of what rule regarding misrepresentation?

A

Caveat emptor - let the buyer beware

167
Q

What is an example of when circumstances changed prior to the contract being agreed and failure to disclose this amounting to misrepresentation? W v O

A

With v O’Flanagan

168
Q

In which case was it confirmed that in order to find a business liable for non-disclosure, it must be shown that there was a voluntary assumption of responsibility by the silent party which the other party relies upon? H v A

A

Hamilton v Allied Domecq

169
Q

Which case law backs up that in cases of negligent or innocent misrepresentation, a representee will have to show that ‘but for’ the misrep they would not have entered into the contract? B v R

A

BV Nederlandse Industrie v Rembrandt Enterprises

170
Q

Which case shows that a representee will not be induced if they were unaware of the existence of false statements at the time of entering into the contract? Re N

A

Re Northumberland and Durham Banking Co

171
Q

What case law shows that a representee will not be induced if there is evidence that they did not believe the representation and did their own research, as well as establishing that a representee of fraudulent misrep does not need to satisfy the but for requirement as long as they can show they were induced in any way? A v S

A

Attwood v Small

172
Q

As well as being an example of a statement being one of fact and not opinion when one party is better placed to know the facts, Cherrilow Ltd v Butler-Creagh is also an example of what evidence showing that a party has been induced by a misrep?

A

It is an example of a case in which a party does not check the truth of a statement, which is evidence that they relied upon it when entering into a contract.

173
Q

BV Nederlandse Industrie v Rembrandt Enterprises is a case law example of showing what in relation to proving inducement in cases of negligent and innocent misrep?

A

That a representee must show that ‘but for’ the misrep they would not have entered into the contract. They have the burden of proof but will benefit from the rebuttable presumption of inducement if successful.

174
Q

In which case was it confirmed that a claimant will succeed in cases of fraudulent misrepresentation if they can show that they were influenced by the misrepresentation? H v Z

A

Hayward v Zurich Insurance Co plc

175
Q

What case law defined fraudulent misrepresentation? D v P

A

Derry v Peek

176
Q

What is case law example of when the right to rescind is lost because the party entitle to rescind has discovered the fraud but makes clear they wish to continue with the contract (the contract is affirmed)? E v A

A

Edwards v Ashik

177
Q

Which case is an example of when rescission was refused because an innocent party had rights in the subject matter of the contract and were unaware of the misrep? C v D

A

Crystal Palace FC (2000) Ltd v Dowie

178
Q

What case is an example of negligent misrepresentation? H v A (long)

A

Howard Marine and Dredging Co Ltd v A Ogden and Sons (Excavations) Ltd

179
Q

Derry v Peek defined what?

A

Fraudulent misrepresentation - when a statement is made knowing it is false or without belief in its truth or with reckless carelessness as to whether it is true or false

180
Q

Howard Marine and Dredging Co Ltd v A Ogden and Sons (Excavations) Ltd is an example of which type of misrepresentation?

A

Negligent

181
Q

Which case law confirmed that the measure to be used for awarding damages in negligent misrep cases should be the same as fraudulent cases; on a tortious basis? R v R

A

Royscot Trust Ltd v Rogerson

182
Q

Which case is an example of lapse of time meaning that the remedy of rescission in a negligent misrep case was lost? L v I

A

Leaf v International Galleries

183
Q

Which case law established that damages are awarded on a tortious basis in fraudulent misrep cases? S v S

A

Smith and New Court Securities Ltd v Scrimgeour Vickers (Asset Management) Ltd

184
Q

Which case illustrates the entire performance rule? C v P

A

Cutter v Powell

185
Q

Which case law shows that acceptance of partial performance will not apply if a party has no alternative but to accept the partial performance? S v H

A

Sumpter v Hedges

186
Q

Which case law illustrates the substantial performance rule? H v I

A

Hoenig v Isaacs

187
Q

Leaf v International Galleries show the loss of the remedy of rescission due to which factor?

A

Lapse of time

188
Q

Cutter v Powell illustrates which harsh rule regarding the discharge of contracts?

A

The entire performance rule

189
Q

Hoenig v Isaacs illustrates what exception to the entire performance rule regarding discharge of contracts?

A

Acceptance of substantial performance

190
Q

Which case is an example of one party preventing the performance of the other, allowing the party prevented to sue for the work they have done so far? P v C

A

Planché v Colburn

191
Q

Which case illustrates the exception to the entire performance rule whereby one party tenders performance and the other rejects this? S v M

A

Startup v Macdonald

192
Q

Which case law created the principles applicable when creating a new contractual agreement which terminates the original one by agreement? B v A (long)

A

British Russian Gazette and Trade Outlook v Associated Newspapers

193
Q

Which case states that accord in an agreement to terminate an existing agreement should be ‘true’ accord; both parties must genuinely intend to discharge the contract? D v R

A

D & C Builders v Rees

194
Q

Which case established the exception to the rule that satisfaction when creating a contractual agreement to terminate an existing agreement cannot be part payment of the original debt, and that instead if the part payment is made in a different form, at an earlier time or in a different place then it could be considered good satisfaction? V v S

A

Vanbergen v St Edmund’s Properties

195
Q

Startup v Macdonald is an example of what exception to the entire performance rule regarding discharge of contracts?

A

Where one party tenders performance and the other party rejects it. Applicable only where the other party’s compliance is needed for performance to occur.

196
Q

British Russian Gazette and Trade Outlook v Associated Newspapers gives the principles applicable when terminating an agreement by which method?

A

By creating a new contractual agreement to terminate the original contract

197
Q

Planché v Colburn is an example of what exception to the entire performance rule regarding discharge of contracts?

A

When one party prevents performance of the contract by the other, allowing the prevented party to sue for what they have done so far.

198
Q

Which case is an example of frustration of a contract because someone who’s personal service is key to the contract is ill, absent or dies? C v T

A

Condor v The Barron Knights Ltd

199
Q

Which case is an example of frustration of a contract because something essential to the contract has been destroyed? T v C

A

Taylor v Caldwell

200
Q

Which case is an example of frustration of a contract because an event which was the sole purpose of the contract has been cancelled? K v H

A

Krell v Henry

201
Q

Which case is an example of frustration of a contract because of supervening illegality (performance becoming illegal)? F v F (long & foreign)

A

Fibrosa Spolka Akcyjna v Fairbarn Lawson Combe Barbour

202
Q

Taylor v Caldwell is an example of which frustrating event?

A

When something essential to a contract is destroyed

203
Q

Condor v The Barron Knights Ltd is an example of what type of frustrating event?

A

When a contract depends on someone’s personal services and they then are ill, absent or die

204
Q

Krell v Henry is an example of which frustrating event?

A

When an event which is the sole purpose of the contract is cancelled.

205
Q

Fibrosa Spolka Akcyjna v Fairbarn Lawson Combe Barbour is an example of what frustrating event?

A

Supervening illegality (performance of the contract becoming illegal)

206
Q

Which case law illustrates the exception to frustration of a contract where parties have anticipated and provided for an event in the terms of the contract? M v D

A

Metropolitan Water Board v Dick Kerr

207
Q

Which case law illustrates that a contract turning out to be more difficult or expensive than anticipated is not frustration of the contract? D v F

A

Davis Contractors v Fareham Urban District Council

208
Q

Which case is an example of a self-induced supervening event, and therefore a non-frustrating event? The S

A

The “Super Servant 2”

209
Q

Which case has suggested the idea that the current economic downturn will not give rise to frustrating situations? G v B

A

Gold Group Properties Ltd v B D W Trading Ltd

210
Q

Which case applies the common law principle that where a contract has been frustrated, the loss lay where it fell and any expenditure under the contract cannot be recovered? A v M

A

Appleby v Myers

211
Q

Davis Contractors v Fareham Urban District Council is an example of what non-frustrating event?

A

The contract turning out to be more difficult or expensive than the parties envisaged

212
Q

Appleby v Myers applies what common law principle regarding frustrated contracts?

A

That the loss lay where it fell. Any expenditure paid out under the contract cannot be recovered

213
Q

Metropolitan Water Board v Dick Kerr is an example of what exception to frustration of contracts?

A

When the parties have planned for the event in the terms of the contract.

214
Q

The “Super Servant 2” is an example of which non-frustrating event?

A

When the frustrating event is self-induced

215
Q

Which case is an example of the application of the payer rule/payee rule under s1(2) LR(FC)A 1943? G v I

A

Gamerco SA v ICM

216
Q

In which case was the courts’ approach and purpose in awarding damages in contract law explained (being to place the injured party in the same situation as if the contract had been performed as far as possible)? R v H

A

Robinson v Harman

217
Q

What is an example case of when the court had to consider loss of amenity (enjoyment) when awarding damages, because the actual loss was hard to assess? R v F

A

Ruxley Electronics and Construction Ltd v Forsyth

218
Q

What is an example case of when the court had to consider lost opportunity when awarding damages? C v H

A

Chaplin v Hicks

219
Q

Ruxley Electronics and Construction Ltd v Forsyth is an example of damages awarded on what measure?

A

Loss of amenity/enjoyment

220
Q

Robinson v Harman explains the court’s approach in relation to what?

A

Awarding damages

221
Q

Chaplin v Hicks is an example of damages awarded on what measure?

A

Lost opportunity

222
Q

Which case gives an example of damages awarded based on reliance loss (losses incurred as a result of relying on the other party fulfilling their contractual promise)? A v R

A

Anglia Television v Reed

223
Q

Which case is an example of the exception the general rule that damages are awarded only for financial losses, where damages were awarded because the object of the breached contract was to provide pleasure, relaxation, peace of mind and freedom from distress? J v S

A

Jarvis v Swan Tours Ltd

224
Q

What case is an example of damages being awarded because the breach has caused physical inconvenience and discomfort? F v S (this case can also be used for mental distress example)

A

Farley v Skinner

225
Q

Anglia Television v Reed is an example of damages being awarded based upon which measure?

A

Reliance loss

226
Q

Farley v Skinner is an example of damages being awarded for which two non-financial reasons?

A

Mental distress (because the object of the contract was to provide pleasure, relaxation, peace of mind and freedom from distress) and physical inconvenience/discomfort

227
Q

Jarvis v Swan Tours Ltd is an example of damages being awarded for which non-financial exception?

A

When the object of the breached contract was to provide pleasure, relaxation, peace of mind and freedom from distress

228
Q

Which case is an example of the application of the causation rule - that in order to claim damages, the breach must have caused the loss claimed for? C v M

A

C & P Haulage v Middleton

229
Q

Which case established the remoteness rule, that damages can only be claimed for losses which were a reasonably foreseeable result of the breach or which the defendant had been specifically warned about? H v B

A

Hadley v Baxendale

230
Q

What is an example case where specific performance was not granted because it would require constant court supervision to ensure compliance? R v M

A

Ryan v Mutual Tontine Westminster Chambers Association

231
Q

What is a case law example of an injunction being granted? (think horse race!) A v F

A

Araci v Fallon

232
Q

Hadley v Baxendale is an example of which rule when claiming damages?

A

The remoteness rule - that damages can only be claimed for losses which were a reasonably foreseeable result of the breach, or which the defendant had been specifically warned about

233
Q

What is a case law example of when an injunction is not granted because to do so would be forcing the performance of a personal services contract? P v B

A

Page One Records v Britton

234
Q

C & P Haulage v Middleton is an example of which rule when claiming damages?

A

That the breach must have caused the loss claimed for

Unit 2 (9 decks)

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