Contract termination Flashcards
what is an exclusion cause?
a clause that attempts to restrict or exclude the liability for breach of contract of negligence
considering whether exclusion clause is valid…
is it reasonable? is it an integral part of the contract?
common law and exclusion…
- 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
what is excluded from ucta 1977?
employment law and insurance contracts
what is ucta 1977?
applies when one party is acting in the course of business
not reaosnable under ucta?
- exclusion under death or personal injury
- attempt to exclude provisions of sales of goods act will be void
b2b and soga?
- 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
CRA 2015?
strneghtened consumer rights
what becomes automatically unenforceable under CRA?
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
usual way for contract to be discharged…
both parties to do as they have promised
what is a severable contract….
a contract in stages
what is frustration?
impossible or illegal to perform contract
what is a breach of contract?
where one firm does not comply fully with all the terms of the contract
if there is a repudiatory breach…
can treat the contract as discharged
anticipatory breach…
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)
what are the remoteness of damages rules?
they must arise naturally from the breach and they must be forseeable at the time contract was formed
what is expectation interest?
purpose of damages… put parties in position they would of been had the breach not happened.
what are liquiadated damage clauses?
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
what is specific performace?
when court directs someone to fulfil obligations- i.e land disputes.
when wont specific performance occur?
damages are sufficient, can be supervised, contract si for personal service.
injunction?
court firects party to refrain from breaching
