Contract termination

Question 1

what is an exclusion cause?

Answer 1

a clause that attempts to restrict or exclude the liability for breach of contract of negligence

Question 2

considering whether exclusion clause is valid…

Answer 2

is it reasonable? is it an integral part of the contract?

Question 3

common law and exclusion…

Answer 3

• bound if signed even if havent read it
• must be given at TIME of the contract
• if document not signed, clause must be sufficient highlighted

any ambiguity will be interpreted against the party relying on the clause

Question 4

what is excluded from ucta 1977?

Answer 4

employment law and insurance contracts

Question 5

what is ucta 1977?

Answer 5

applies when one party is acting in the course of business

Question 6

not reaosnable under ucta?

Answer 6

• exclusion under death or personal injury

- attempt to exclude provisions of sales of goods act will be void

Question 7

b2b and soga?

Answer 7

• will consider the bargaining strength of the relative parties, whether ay inducement was accepted in wiaver of rights, whether customer had/ought to know if the clause

Question 8

CRA 2015?

Answer 8

strneghtened consumer rights

Question 9

what becomes automatically unenforceable under CRA?

Answer 9

excluding liability for death or personal injury, restrictions of consumers legal rights, payment of disproportionate compensation by comsuner, bidning consume rto contract they didnt have opp. to read, allowing trader to unilaterally alter terms of contract i=with no realreason, allowing trader to determine price payable after the consumer has been bound, forcing consumer to perform their obligations when trader does not perform theirs

Question 10

usual way for contract to be discharged…

Answer 10

both parties to do as they have promised

Question 11

what is a severable contract….

Answer 11

a contract in stages

Question 12

what is frustration?

Answer 12

impossible or illegal to perform contract

Question 13

what is a breach of contract?

Answer 13

where one firm does not comply fully with all the terms of the contract

Question 14

if there is a repudiatory breach…

Answer 14

can treat the contract as discharged

Question 15

anticipatory breach…

Answer 15

is a repudaiatory breah CAN claim damages as soon as intention is set to breach or could allow to continue but this is wait danger. (think i saw in a question that they should get damages straight away)

Question 16

what are the remoteness of damages rules?

Answer 16

they must arise naturally from the breach and they must be forseeable at the time contract was formed

Question 17

what is expectation interest?

Answer 17

purpose of damages… put parties in position they would of been had the breach not happened.

Question 18

what are liquiadated damage clauses?

Answer 18

agreeing compensation for a breach of contract in advance- but has to be an actual estimate of losses. this becomes a penalty clause if it is excessive

Question 19

what is specific performace?

Answer 19

when court directs someone to fulfil obligations- i.e land disputes.

Question 20

when wont specific performance occur?

Answer 20

damages are sufficient, can be supervised, contract si for personal service.

Question 21

injunction?

Answer 21

court firects party to refrain from breaching