CONTRACT LAW

Question 1

problems with law on privity of contract.

Answer 1

-could allow some to escape contractual obligations.

-doesnt reflect interests of parties.(tweddle v atkinson)groom couldnt sue

-RTA act had limited effect only can be applied where a benefit is confererred>limited scope

Question 2

good things about privity of contract law

Answer 2

-can benefit holiday cases (jackson v horizon holiday)>fair
-protects parties

Question 3

good things about law on consideration

Answer 3

-pre existing duty rule (hartley posonby) limits parties getting extra for what they already pose to do
-provides evidence of wanting to be legally bound

Question 4

bad things about law on consideration

Answer 4

-absurdity- r v thomas £1 rent
-law seems uncertaint>R V MCARDLE past but lampleigh found implied promise to pay??

Question 5

good things about law on intention for legal relations

Answer 5

the law has clarity >balfourvbal and merrit v merritt
enforceability>having legal relations can protect ones rights

Question 6

bad things about intention for legal relations

Answer 6

-In social and domestic situations, there is a presumption against an intention to create legal relations, leading to uncertainty when disputes arise.(Balfour v Balfour) In this case, the court held that there was no intention to create legal relations in an agreement between spouses, as it was a domestic arrangement.
-Distinguishing between social and commercial arrangements can be challenging, leading to inconsistent outcomes and confusion.: Simpkins v Pays , the court held that an agreement between people to share winnings from entering a competition had the necessary intention to create legal relations>more than justsocial arrangement.

Question 7

offer acceptance

Answer 7

in Yates v Building, sending by post was enough to be acceptance>uncertainty in legal system?? (B)

Question 8

benefits with law on discharge of contract

Answer 8

-(performance)Certainty and fulfillment of contractual obligations-This ensures that both parties receive what they bargained for, promoting commercial stability.(hoeing v isaacs) wont need to accept sub standard performance
-severable contracts>pay when stages r done, would benefit builders.

-cutter v powerll- no terms implied in a express contract.can benefit businesses from giving payouts without getting their need met
acceptance of part performance is good because it can help when someone suddenly has economic loss e.g unable to fufill rest
because of money issues (sumpter v hedges?)

Question 9

good and bad about contract law remedies

Answer 9

BREACH REMEDIES
-future loss of earnings repayed isnt that beneficiial if party gets disabled
-put party back into initial position- fair.
only liable for reasonably forseeable losses>fair

Question 10

GOOD AND BAD MISREP

Answer 10

MISREPRESENTATION-
derry v peek- fraudulent misrep saves an innocent party from an unfair contract.
Burden of proof>is on claimant to prove it was the defendents wrong. can make it hard to pursue a claim.
protection for innocent parties-leaf v galleries legit thought the art was genuine.