Tutorial 4 Flashcards
1
Q
what are the two types of terms in a contract?
A
conditions and warranties
2
Q
condition = ?
A
a vital term going to the root of the contract
breach of which entitles the injured party to discharge from the contract and claim damages
3
Q
warranty = ?
A
a term subsidiary to the main purpose of the contract
breach of which entitles the injured party only to claim damages
4
Q
what are the terms of the sale of goods act of 1979?
A
- seller’s right to sell
- sale by description
- satisfactory quality
- fitness for purpose
- sale by sample
5
Q
how do courts intervene to regulate exemption clauses?
A
- exclusion clauses must be incorporated into contracts
- liability in can only be excluded/restricted by clear words and easily interpreted
- total failure to perform a contract (fundamental breach) deprives the party at fault of exclusion from liability
6
Q
in what circumstances can contracts become frustrated?
A
- destruction of subject matter
- personal incapacity
- government intervention
- supervening illegality
- foundation of contract is destroyed
7
Q
common law remedies for breach of contract?
A
- can claim damages
- quantum meruit
