Cases

Question 1

Types of Terms: Poussard V Spiers

Answer 1

Condition
HELD = Role was central to the performance

Question 2

Types of Terms: Bettini V Gye

Answer 2

Warranty
HELD = organiser couldn’t repudiate as it was a warranty, not a condition

Question 3

Types of Terms: Hong Kong Fir Shipping

Answer 3

Substantial benefit
HELD = breach had substantially deprived the innocent party of the whole benefit of the contract

Question 4

Types of Terms: Arnold V Britton

Answer 4

Intention of the parties
HELD = what would the RM having all background knowledge would have understood

Question 5

Terms implied by CL: The Moorcock

Answer 5

Business efficacy
HELD = Implied the term to keep boat safe

Question 6

Terms implied by CL: Marks & Spencer

Answer 6

Officious bystander
HELD = meaning will be judged according to reasonableness

Question 7

Terms implied by CL: Hutton V Warren

Answer 7

Custom
HELD = customary for contract to have term that would include the harvest

Question 8

Terms implied by CL: Hillas V Arcos

Answer 8

Prior dealings
HELD = prior terms in previous contract would be implied within contract in question

Question 9

Terms implied by statute: Rogers V Parish

Answer 9

S9 right for satisfactory quality
HELD = Car not fit for purpose

Question 10

Terms implied by statute: Griffiths V Peter Conway

Answer 10

S10 fitness for particular purpose
HELD = case clarified: A. D not liable if goods are fit for usual purpose. B. if purchaser has specialist need, they need to make trader aware before contract is made

Question 11

Terms implied by statute: Thake V Maurice

Answer 11

S49 reasonable care and skill
HELD = Surgeon had carried out the operation with reasonable care and skill

Question 12

Exclusion clauses implied by CL: L’Estrange V Graucob

Answer 12

Signature
HELD= Bound by contract as she had signed it

Question 13

Exclusion clauses implied by CL: Curtis V Chemical Cleaning

Answer 13

Signature (Oral statement)
HELD = oral assurance made from D to C

Question 14

Exclusion clauses implied by CL: Thornton V Shoe Lane Parking

Answer 14

Notice
HELD = Must give other party notice of the existence of the exclusion clause

Question 15

Exclusion clauses implied by CL: Kaye V Nu Skin UK

Answer 15

Notice
HELD = Harsh term must be brought to attention of the other party

Question 16

Exclusion clauses implied by CL: McCutcheon V David

Answer 16

Previous Dealings
HELD: Dealings prior not consistent

Question 17

Exclusion clauses implied by CL: White V John Warwick

Answer 17

Contra proferentum rule
HELD = ambiguous wors protected contract claim but still liable under negligence

Question 18

ITCLR: Jones V Vernon Pools

Answer 18

Binding in honour only
HELD = no contractual obligation

Question 19

ITCLR: McGowan V Radio Buxton

Answer 19

Free prize/ gift
HELD = competitions do have ITCLR

Question 20

ITCLR: Kleinwort Benson V MMC

Answer 20

Letter of Comfort
HELD = Letter was not legally binding

Question 21

ITCLR: Balfour V Balfour

Answer 21

Spouses
HELD = no ITCLR as were married during agreement made

Question 22

ITCLR: Merritt V Merritt

Answer 22

Spouses
HELD = was an ITCLR as were separated when agreement was made

Question 23

ITCLR: Radmacher V Granatino

Answer 23

Spouses (Prenups)
HELD = prenuptial agreements are legally binding

Question 24

ITCLR: Jones V Padvatton

Answer 24

Family agreements
HELD = neither parties intended legal relations

Question 25

ITCLR: Simpkins V Pays

Answer 25

Lottery Syndicates
HELD = bound to split the money as this wasn’t a social arrangment

Question 26

ITCLR: Parker V Clarke

Answer 26

Financial security at risk
HELD = young couple had given up their security

Question 27

Privity: Dunlop V Selfridge

Answer 27

Original rule
HELD = Dunlop not party to the contract between Dew and Selfridge

Question 28

Privity: Beswick V Beswick

Answer 28

Original rule
HELD = Aunt unable to claim as she wasn’t party to the agreement

Question 29

Privity: Jackson V Horizon Holidays

Answer 29

Original rule
HELD = Mr Jackson able to claim for him and his family

Question 30

Privity: Shanklin Pier V Detel

Answer 30

Collateral contracts
HELD = Paint did not last as long as told so

Question 31

Privity: Tulk V Moxhay

Answer 31

Restrictive Covenant
HELD = Tulk could enforce covenant even though there wasn’t a direct contract between the parties

Question 32

Economic Duress: Skeate V Beale

Answer 32

Intro
HELD = threats to property are not deemed to be duress

Question 33

Economic Duress: Atlas V Kafco

Answer 33

Core case
HELD = No consideration was provided by Atlas for the additional term

Question 34

Economic Duress: Universe Tankships V ITW

Answer 34

Force you into the contract
HELD = Was EC and the money had to be repaid

Question 35

Economic Duress: Pao On V Lau Yiu Long

Answer 35

Illegitimate pressure
HELD = a. Protest. b. another reasonable course of action. c. Independently advised. d. take steps to avoid thing

Question 36

Economic Duress: CTN cash & carry V Gallagher

Answer 36

Illegitimate pressure
HELD = lawful for D to remove credit agreement at any time

Question 37

Economic Duress: Progress Bulk carriers

Answer 37

Significant cause of making the contract
HELD = Hirers had no alternative

Question 38

Economic Duress: Atlantic Baron

Answer 38

Lapse of time
HELD = waiting 8 months affirmed the contract