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Cilex Contract Law L3 Chapter 4 - contents of contract > Revision class > Flashcards

Revision class Flashcards

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1
Q

Invitation to treat

A

is not capable of being accepted
invitation for offers and open to negotiations

Pattridge V Crittenden - advertisements.

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2
Q

Gibson V Manchester cc

A

“may prepared to sell”

Invitation to treat

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3
Q

Boots V Pharmaceutical

A

Goods on display

Invitation to treat

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4
Q

Entores V Miles Far East

A

Acceptance must be communicated

must mirror the offer and agree on the same terms.
mirror image rule.

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5
Q

An offer

A

an expression of willingness to be bound on specific terms if accepted.
Oral/ written or by conduct

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6
Q

Taylor v Laird

A

An offer must be communicated to the offeree

Ships captain

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7
Q

Hilla v arcos

A

An offer
Must be certain, i.e
Include Terms
Term was vague but industry standard

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8
Q

Destroys an offer (4)

A

Lapse of time
Rejection / Counter Offer
Acceptance
Revocation

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9
Q

Stilk V Myrick

A

Consideration

Performance of existing duty is not good contractual consideration for a new promise

Doing 2 men’s work

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10
Q

Acceptance

A
  • parties are both in agreement and have accepted each others terms.

Can be accepted via postal rule

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11
Q

Silence can not be taken as acceptance

A

Felthouse v Brindley

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12
Q

Butler Machine Tool v Ex-cell-o

A

Acceptance

It can be through conduct (took delivery)

Battle of the forms

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13
Q

Postal rule

A

Acceptance on posting rather than when received
Postal rule - must be agreed between the parties that they can use this form of communication. Stamped Property and Addressed properly. Acceptance is when it has been posted.

Adam V Lindsell

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14
Q

Currie v misa

A

Consideration
Price paid for a person’s promise
Benefit and detriment

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15
Q

Consideration is something of value which is exchanged between the parties

both parties must contribute something of value

they must each suffer a detriment and a benefit

cannot be a gift

Exchange of promises

A

Currie v misa

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16
Q

Two types of consideration

A

executed

and

Executory

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17
Q

Doctrine of privity

A

Tweedle V Atkinson - only parties to the contract are bound by the contract

Contract rights of third parties act 1999

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18
Q

Special knowledge or skill

A

greater knowledge on the area such as a car specialist it is more likely to be a contractual term
Oscar Chess v Williams

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19
Q

Past consideration

A

Not good

Re McKardle

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20
Q

Exception to past consideration not being good consideration

A

Performing service - doctrine of implied assumpisit

Lampleigh v Braitwait

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21
Q

Consideration

Need not be adequate, must be sufficient, tangible & have value (2)

A

Thomas v Thomas

chappel v nestle

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22
Q

implied terms

A

statutory rights, such as Consumer Right Act 2015

by custom or trade

in fact or in law or by the courts

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23
Q

Consideration

Existing DUTY is not good consideration - the exception

A

Harris & Sheffield United - police

Over and above

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24
Q

Performance of existing DUty is not good contractual consideration for a new promise

A

Stilk V Myrick

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25
Q

they had gone beyond their existing CONTRACTUAL duty

A

Hartley v ponsonby (4 mens work, danger)

was entitled to the money owed

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26
Q

Exception
to performing existing CONTRACTUAL duty IS not good consideration
-

A

Williams V Roffey bros
Practical benefit for its performance
No financial distress

27
Q

Innominate Terms

A

Cannot be defined at the time of the breach. Effect depends on how serious the results are

Hong Kong Fir Shipping v Kawasaki

28
Q

Misrepresentation is

A

A false statement that induces the other party into entering the contract

29
Q

Social & domestic contract assumptions can be rebutted if

A

Divorce or bad feelings
Merrit v merrit

Practical benefit or disadvantage to a party
Simpkins V Pays

30
Q

Business contract assumptions can be redutted if

A

Binding in honour only clauses ‘subject to contract’
Rose & Frank v Crompton

Or mere statements

31
Q

Contract contents
What are
Terms
&
Representations

A

Consider
expertise of the parties
importance of the statement
if is it a persuasive element

Term:a clear defined statement that the offeror wishes to be bound by and forms part of the contract

Mere Representation: An advertising phrase that would have no real meaning, such as best car on the road

32
Q

Four ways to Discharge a contract

A

Agreement
Performance
Frustration
Breach

33
Q

Discharge of contract - Agreement

A

by agreeing to discharge the contract, both parties are agreeing that they both wish to be freed of their obligations of the contract

Accord and satisfaction

34
Q

Discharge of contract - Performance

A

when both parties have done what they promised to do, the contract will come to an end.

“the entire performance rule” states both parties have to do precisely and completely what they promised

Cutter v Powell (cutler performance)

35
Q

Contents of contract

Terms or representation - Reduction in to writing

A

Verbal is more like to a representation

birch v paramount estates (show House)

36
Q

Contents of contract

expressed terms

A

normally come with notice and is in the contract

37
Q

Contents of contract
Where do implied terms come from (3)

A

statutory rights, such as CRA 2015

by custom or trade

in fact or in law or by the courts

38
Q

Essential factors to make a claim

A

Must be a breach
Must have caused the loss
Not too remotness
Must have attempted to mitigate the loss

39
Q

Business efficacy test

Officious bystander test

A

The Moorcock
obvs & necessary to the contract
A bystander = oh of course

40
Q

Contents of a contract - Conditions

A

a major term of the contract which goes to the root of the contract

Poussard v Spiers and Pond

Rescission and damages

41
Q

Contents of a contract

Warranties

A

minor terms of a contract

damages but can not end the contract

Bettini v Gye

42
Q

Innominate Terms

A

Cannot be defined at the time of the breach. Effect depends on how serious the results are

Hong Kong Fir Shipping v Kawasaki

43
Q

Misrepresentation is

A

A false statement that induces the other party into entering the contract

44
Q

3 types of misprep

A

Innocent - party is unaware
Fraudulent - does not honestly believe it to be true
Negligent - reckless, careless, believe it but no reasonable grounds to believe it

Misrep act 1967

45
Q

Negligent

A 
damages 
under S2(1) Misrep act 1967

Howard Marine & Dredging Co v Ogden & Sons

Royscot Trust v Rogerson (claim under Misrep act)

46
Q

Fraudulent

A

Rescission and/or damages in the tort of deceit

Derry v Peek

47
Q

Innocent

A

rescission
or
damages in lieu of rescission under S2(2) Misrep act 1967

48
Q

Discharge of contract - Agreement

A

by agreeing to discharge the contract, both parties are agreeing that they both wish to be freed of their obligations of the contract

49
Q

cutter v Powell

A

Discharge of contract - Performance

when both parties have done what they promised to do, the contract will come to an end.

“the entire performance rule” states both parties have to do precisely and completely what they promised

50
Q

Discharge of contract

What is Frustration

A

A contract may be frustrated where there has been a unforeseeable frustrating event after the contract was made. It is not the fault of either of the parties. the event was unforeseeable such as COVID. Each party is discharged from future obligations and this rescinds the contract. the contract becomes illegal to perform it will frustrate the contract

Fibrosa

51
Q

Essential factors to make a claim

A

Must be a breach
Must have caused the loss
Not too remote
Mitigate losses

52
Q

Breach - Must be aware

A

Victoria Laundry v Newman Ind.

53
Q

Equitable remedies

A

@ Courts discretion
Repudiation
Rescission
Specific performance
Injunctions

54
Q

Hyde v wrench

Stevenson Jaques Co v mclean

A

Destroys an offer
Counter Offer

Does not - requests for further information.

55
Q

Dickinson V Dodd

A

Revocation of an offer - communicated

Dickinson V Dodd by a reliable third party

Can be withdrawn before acceptance.

56
Q

Adams v Lindsell

A

Postal rule

57
Q

Oscar Chess v Williams

A

Contract term

greater knowledge on the area such as a car specialist it is more likely to be a contractual term

58
Q

Re McCardle (home improvements)

A

Past consideration is not good

59
Q

Lampleigh v Braitwait

A

doctrine of implied assumpisit

Performing service

Exception to past consideration not being good consideration

60
Q

Fibrosa v Fairbairn

A

Frustation

the contract becomes illegal to perform it will frustrate the contract

61
Q

Condor vs The Barron Knights

A

Frustation

Death or illness

62
Q

Knell vs Henry

A

Frustation

An event linked to the contract does not take place

63
Q

Frustation

Venue unavailable

A

Taylor v Caldwell

Law reform (frustrated contract) Act 1943
Gamerco v ICM
64
Q

Four types of frustration

A

Death
Venue
Event
Illegality

Cilex Contract Law L3 Chapter 4 - contents of contract (2 decks)

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