Contract Flashcards
Dickenson v Dodds
Death of an offer
Can be retracted anytime before it’s accepted
Atlas express v kafco
Economic duress case
Merchant investors v centrovincial estates
Is there consensus ad idem as to whether a mistake should have been kmown by a party
Practical benefit
Williams v roffey
What kind of term are time clauses considered as?
Conditions
Hartog v Colin and Shields
Obj test will not apply where one party is aware or should have been of a mistake
Mitigation of loss examples
C fails to take steps to minimise loss
C’s actions lead to loss increase
What is the objective test in the UCTA?
Prove term is fair with circumstances when contract was made
What arw the two types of injunctions?
Mandatory
Prohibitory
Entores ltd v miles far east co
Instantaneous acceptance
What is specific performance?
Court says you have to fulfil primary contract obligation
What does section ten of the CRA do?
Goods must be fit for purpose
What are two self help remedies?
Retention
Termination
Cramasi v Oligure-Grant proved what?
Misrep can be communicated by a third party
What are the bars to rescission?
Time lapse
Impossibility
Rights sold on
Victim affirms C