Contract law

Question 1

According to Gibson vs Manchester CC, what must an offer be in?

Answer 1

Definite Terms

Question 2

What 5 ways can an offer end?

Answer 2

Revocation
Rejection
Death
Acceptance
Lapse of Time

Question 3

Which case declares that consideration must move from the promise?

Answer 3

Tweedle

Question 4

When will breach of an innominate term allow a contact to end?

Answer 4

When the consequence is so serious it is treat as a condition (Hong Kong Shipping)

Question 5

Which case states that a harsh term must be made prominent for exclusion/limitation clasues?

Answer 5

Interfoto v Stiletto Visual

Question 6

What is the difference between an exclusion and limitation clause regarding liability?

Answer 6

An exclusion clause excludes liability completely but a limitation clause only limits the liability

Question 7

What are the 2 types of vitiating factor?

Answer 7

Misrepresentation
Economic Duress

Question 8

True or False: divisible contracts and substantial performance are examples of exceptions to discharge by performance

Answer 8

True

Question 9

What is a force majeure clause?

Answer 9

This is a clause that excludes liability for delayed performance or non-performance due to extraordinary circumstance

Question 10

When can you claim damages for an anticipatory breach?

Answer 10

Either at the time you are made aware there will be a future breach or when the breach eventually occurs