lecture 1

Question 1

what is a contract

Answer 1

a legally enforceable agreement involving one or more promises,

Question 2

unjust enrichment

Answer 2

not breaking a promise, but for receiving a benefit they did not pay for, this is liability for conferring benefits.

Question 3

quantum meruit

Answer 3

where work is done in the anticipation of a contract which never materialises, possible to claim payment via this restitutionary remedy.

Question 4

British Steel Corp v Cleveland Bridge & Engineering Co Ltd (1984)

Answer 4

C began production of steel nodes at request of D even though parties were at odds on terms of draft contract. C was allowed to claim reasonable sum for work done, example of quantum meruit.

Question 5

The three stages of the life of a contract

Answer 5

1. “formation” of a contract
2. the content of a contract (the terms)
3. The end of a contract / breaks, damages etc

Question 6

objective intention approach to contracts

Answer 6

the principle that the parties intentions in a contract are what a reasonable person would judge them to be

Question 7

what is needed to make a contract

Answer 7

1. agreement or offer & acceptance
2. certainty of terms
3. intention to create legal relations
4. consideration
5. capacity to contract
6. formalities must be satisfied

Question 8

Vitiating (contract-killing) factors

Answer 8

the absence of any factor that would prevent a contract arising from the outset
contract must not have been:
set aside, eg misrepresentation or undue influence
discharged for fustration
terminated for breach