Contract Law

Question 1

Is a contract for services specifically enforceable?

Answer 1

No. A contract for services is not specifically enforceable as you cannot compel somebody to work for you.

Question 2

Can you reinstate an original performance date in a contract after you have given a waiver for a contract date?

Answer 2

Yes, you can but not if it is too close to the date as this would be considered unreasonable.

Question 3

Can giving up a right to litigate the dispute constitute sufficient consideration to support modification of a contract (eg. increasing the cost)?

Answer 3

Yes.

Question 4

What does the Sale of Goods Act 1979 imply in relation to the goods?

Answer 4

The goods must be of satisfactory quality.

Question 5

What type of term is the term from the Sales of Goods Act 1979 that says that the goods sold must be of satisfactory quality.

Answer 5

It is a condition and therefore the remedies are to terminate the contract and reject the goods and/or sue for damages.

Question 6

Is the acquisition by a third party of rights to goods that are the subject matter of the contract a bar to recission of a contract?

Answer 6

Yes. The acquisition by a third party of rights to goods that are the subject matter of the contract is a bar to recission of a contract

Question 7

Is part payment of a debt by a third party good consideration for the promise to forego the balance?

Answer 7

Yes. Payment of a debt by a third party is good consideration for the promise to forego the balance.