Private Law 2 Flashcards
What is an incomplete agreement and is it enforceable?
Agreements to Agree are not enforceable
What case establishes agreements to agree?
May & Butcher Ltd v The King
What are the rules for the terms left to be determined?
“that determination must be something which does not depend on agreement between the parties”
What case includes terms determined by an arbitrator?
Foley v Classique Coaches (Petrol Station and lawyer)
What case includes terms determined by agreement between parties?
Courtney & Fairbairn v Tolaini Bros (Hotels) Ltd
Contract not enforced.
What case includes a dissensus on price and an implied term?
Avintair v Ryder Airline Services Ltd (Clients)
The courts implied a term to the effect that the party
carrying out work was entitled to reasonable payment.
What case includes a payment quantum meruit for services rendered?
Wilkie v Scottish Aviation Ltd (Prestwick Airport)
What are the two presumptions of legal obligations and are these enforceable?
Social agreements are not contracts/not legally enforceable
Commercial agreements are contracts/are legally enforceable
Can presumptions be rebutted?
Each case will turn on its own circumstances. The intention of the parties and/ or engagement and the elements of patrimonial interest in social agreements are important variables.
Examples of social agreement cases?
Balfour v Balfour - not legally binding (Husband + Wife)
Robertson v Anderson - legally binding (Bingo)
Examples of commercial agreements?
Rose and Frank Co v JR Crompton & Bros Ltd – no binding agreement (Paper and Honourable Pledge)
WS Karoulias SA v Drambuie Liqueur Co Ltd - no binding agreement (Liqueur in Greece)
What are the three types of obligations?
Pure Obligations (due at once)
Future Obligations (due on the occurrence of a certain event)
Contingent Obligations (due on the conditions of a certain event)
What are the two types of contingent obligations (conditions)?
Suspensive (due on the occurrence of an uncertain event) - obligation delayed until occurrence
Resolutive (due until the occurrence of an uncertain event) - obligation comes to an end after occurrence
Do contracts need to be in writing?
No, but there are exceptions.
Under the Requirements of Writing (Scotland) Act 1995;
- Any contract which creates rights are required to be in writing
- A promise is required to be in writing
- Other
If an agreement regarding the rent or sale of a flat, house and business premises existed, would this need to be in writing?
Must be an unwritten contract for an interest in land.
A promise made in the course of business is required to be in writing.
