Enforcement

Question 0

Under the Contracts Act (Rights of Third Party) Act 1999, how can a third party enforce a term of the contract?

Answer 0

Where the contract expressly provides that he may

Where the terms of the contract purport to confer a benefit to him, and nothing else denies thy benefit

Question 1

What does the doctrine of privity of contract suggest

Answer 1

Only parties to a contract are bound to it

Only parties to a contract can derive rights and benefits from their contract

Question 2

What is agency considered?

Answer 2

A general commercial necessity

Question 3

What is agency?

Answer 3

When B authorises C to negotiate with A on his behalf

Question 4

Contracts effected by illigality

Answer 4

Contract to commit a legal wrong
Contract which promotes immorality
A contract performed illegally
A contract not formed in accordance with the procedure prescribed by a statute

Question 5

What happens to contracts involving an illegality?

Answer 5

The courts will not enforce the contract

Will not allow the recovery of a benefit

Question 6

What are the reasons for the courts treatment of contracts in living illegality?

Answer 6

Deter parties from such conduct
Punish wrongdoers
Preserve the dignity of the court
Reasons of public policy

Question 7

What is a contract which is illegally formed?

Answer 7

Void from the beginning

Question 8

What does Quantum Meriut mean?

Answer 8

A partial payment

Question 9

Why are contract that offend public policy difficult to categorise?

Answer 9

Because public policy changes over time

Question 10

What can the court do when a contract contains illegal terms?

Answer 10

Sever that part

Question 11

When will courts enforce a restraint of trade clause?

Answer 11

To the extent that it is reasonable

Question 12

What is the criteria for a restraint?

Answer 12

It must be reasonable between the parties

Must not be injurious to the public

Question 13

A party who wishes to enforce a restrain of trade clause must establish what?

Answer 13

Legitimate interest to protect
Reasonable as to tut subject matter, area, and duration
Not injurious to the public

Question 14

What is a covenant?

Answer 14

Z

Question 15

What is an anticipatory breach?

Answer 15

When a breach of contract occurs before the time is set for performance

Question 16

What happens if a court decides a contract has been frustrated?

Answer 16

All future obligations end

Question 17

What determines frustration?

Answer 17

The effects if the event rather than the event

Question 18

Examples of frustration

Answer 18

Destruction of subject matter
Personal incapacity
Non occurrence of an event 
Effects of war
Government action

Question 19

What are the limitations of frustration?

Answer 19

Where the event was foreseen

Where the event was caused by a party