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ENG LAW > Contract Law > Flashcards

Contract Law Flashcards

• Terms of a contract, exclusion clauses • How contracts are discharged • Key cases: Carlill v Carbolic Smoke Ball, Hadley v Baxendale

You may prefer our related Brainscape-certified flashcards:
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1
Q

Contract essentials of an agreement for sale or hire

A

Offer/acceptance
Consideration-things of value are exchanged
Intention

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2
Q

What is an offer

Bilateral

and unilateral

A

Bi- Buyer agrees to take and pay for gods

Uni- only accepted by performance

eg reward for lost property

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3
Q

What makes an offer binding

A

Clear terms
Intentions to do business
Communication of intent

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4
Q

Pharmaceutical Society v Boots

A

Defined an ‘Invitation to Treat’

Goods displayed on the shelf in a self-service
shop represent an invitation to treat.

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5
Q

Invitation to treat

A

customer makes offer, seller CAN accept

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6
Q

Carlill v Carbolic Smoke Ball

An unilateral offer is the invitation to treat so it must be upheld if carried out

A

YES

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7
Q

Is and invitation to treat and a unilateral off the same thing??

A

NO

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8
Q

What is the difference between an unilateral offer and invitation to treat

A

An invitation to treat (I.T.T) is merely a supply of information to tempt a person into making an offer.

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9
Q

What constitutes acceptance

A

Provided clear communication to offer

Not conditional

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10
Q

Consideration

A

Both parties must receive something in return for something else

The exchange should be sufficient eg meet value of goods

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11
Q

What is intention in a contract

A

Must exist in business agreement not social

Parties must have contributed consideration

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12
Q

terms of contracts include 3 things…

A

Conditions
Warranties
In-nominate terms-(broad)

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13
Q

Clauses must be

A

clearly communicated, Not conflicting with the rest of the contract and reasonable

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14
Q

Shit clauses could mean the contract is

A

VOID
Voidable
Unenforceable

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15
Q

Shit clauses(defects) can be (4 things)

A

Mis-representation
Mistake of Fact
Duress, Undue-Influence
Illegality

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16
Q 
A agreed to let a
concert hall to B for
performing cello
recitals on certain
dates. Before any
show was organized,
the hall was
destroyed in an
accidental fire. 
a) The contract is void,
all the obligations are
performed
b) The contract is void,
a condition has been
breached
c) The contract is void
and is discharged by
frustration
d) The contract is valid,
A must provide
another venue to B
A

c) The contract is void
and is discharged by
frustration

17
Q

How can contracts be discharged

A
  1. Performance of obligations
    agreement to not go through with it
  2. Frustration- By events out of EITHER party’s control
  3. Breach of conditions
18
Q

Remedies for breach

A

5 Equity remedies

ENG LAW (7 decks)

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