Module 3 Terms Of A Contract

Question 1

Powell v Kempton Park Racecourse

Answer 1

Places of betting not specific enough

Ejusdem Generis - restricted to same type of characteristics as listed in contract

Question 2

Scottish farmers dairy co. V mcghee

Answer 2

Milkman 1 mile restricted covenant

Protection by restricted covenant

Question 3

Nordenfelt v maxim Nordenfelt guns& ammo

Answer 3

25 year world wide restriction

Wider than necessary restrictions to protect business interests

Allowed if global industry

Question 4

Tentokil ltd v Kramer

Answer 4

2 year not old customers

Ex-employee restrictive covenant

Question 5

Empire meat co V patrick

Answer 5

Butcher next door not 5 miles

Too restrictive lose all protection

Question 6

Taylor v Glasgow Corp

Answer 6

Public Baths ticket t&cs

Expectation of T&cs on ticket

Question 7

Thornton V shoe Lane Parking

Answer 7

Info inside & on ticket

Knowledge needed before entering contract

Question 8

Olley V Marlborough Court Hotel

Answer 8

Disclaimer in bedroom

Seen after contract formed

Question 9

L’Estrange V Graucob

Answer 9

Slot machine fine print

Signed fine print is still binding

Question 10

Curtis V chemical clean and dye

Answer 10

Wedding dress clean

Actively mislead deapite contract being agreed to

Question 11

Interphoto pic library V stilletto visual programmes

Answer 11

Photo print late fee £5, not in obvious place

Unusual / onerous terms must be brought to attention