Contract Law Part 2

Question 1

Exclusion clause

Answer 1

Limits a liability of a party for any breach of contract

Question 2

Valid exclusion clause

Answer 2

Must be incorporated into the contract
Wordings must cover the loss

Question 3

Can be incorporated into contract by

Answer 3

Signature
Notice
Previous dealings

Question 4

Signature

Answer 4

Ex clause is incorporated into the contract by signature even if it is not read or understand by the signatory

Question 5

unliquidated damages

Answer 5

Where there is no provision for damages. then the court will determine damages payable. it depends upon: 1. remoteness of loss (what loss can be claimed for)
2. measure of damages (how much those losses worth)

Question 6

A loss not too remote

Answer 6

If it arises naturally from the breach (general damages or loss

It may reasonably be within contemplation of the parties at the time they made the contract (jese contract poora nahi diya toh advance nh milega wapis)

Question 7

Measure of damages

Answer 7

is the amount which will put claimant in a position he would have been in had the contract been performed properly

described as loss of bargain

Question 8

Building contract

Answer 8

Cost of building be if it had been completed
or cost require to complete the building

Question 9

Difficulty in evaluation losses doesnot mean you dont have to bear losses

Question 10

Other common law remedies

Answer 10

Action for the price:
A ne goods baichne the. B ne paise dene the. If A ne goods hi nahi bheje toh B paise claim nahi kar sakta
Quantum meruit: A ne kaam kar diya. B ne repudiate kar diya contract. toh A apne kharcha claim kar skta hai.

Question 11

Equitable remedies

Answer 11

Specific performance: require someone to perform contract

Injuction: Order someone to do something or to do nothing

Recission: Restores the parties to their exact pre contract position

Question 12

Equitable remedies are available on dicretion of

Answer 12

Court
they are not granted if:
damages are an equitable remedy
the claimant has acted unfairly
the order would cause undue harship
the order would rwquire constant supervision of court
there is an undue delay in seeking the remedy (late file kiya)

Question 14

Goods for sale

Answer 14

Satisfactory quality
Fit for purpose
As described

Question 15

Services

Answer 15

Reasonable skill and care
Otherwise
Re performance
Or price reduction

Question 16

Consumer right act 2015

Answer 16

Consolidates unfair contract terms act 1977
And unfair terms kn consumer contract regulations 1999

Question 17

Fairness (consumer act)

Answer 17

Term is unfair if it causes an imbalance in the parties rights and obligations under the contract, detrimental to consumer (customer ka nuqsan)
To decide if it is unfair, fairness test is considered

Question 18

Fairness test

Answer 18

Nature of the subject matter of the contarcy
All the circumstances existing ehen the term was agreed
All the other terms of the contract
All the terms of another contract on which the contract depends

Question 19

Transparency

Answer 19

Term must be plain and intelligble language and consumer must guven a real chance to see all the terms that could operate to their disadvantage