Week 3 Flashcards

Question

High court purpose

Answer 1

Hear appeals from all other courts Hear "first instance" cases

Answer 2

Appeal only, on points of law to either criminal or civil divisions (Above the high court)

Answer 3

Appeal only, on points of law (Above all other courts)

Answer 4

Bargain between 2 or more entities Legally enforceable

Answer 5

Parties can make their own bargains but the courts/statues may imply terms or prohibit certain types of clauses.

Answer 6

Offer and Acceptance Intention to create legal relations Consideration The capacity to enter into a contract

Answer 7

Boast Invitation to treat Information/Opinion on an offer

Answer 8

One party offers to do something in return for an action by the other party; there is an obligation to do what is agreed

Answer 9

One party promises to perform an action, if the other party completes an action Reward "If you do x, I'll do y"

Answer 10

Statement of terms by which a party is willing to be bound Must be certain Requesting information about something does not form an offer

Answer 11

Invitation to negotiate (Not an offer)

Answer 12

Produce a counter offer Express said intention clearly Let a significant amount of time pass Die Accept said offer

Answer 13

Offeror can revoke offer at any time until acceptance takes place but the revocation must be communicated and received by the offeree With the same prominence as the offer in the case of unilateral contracts

Answer 14

Assent to all terms of an offer Only made by party itself or their agent Positive act (Silence is invalid)

Answer 15

Acceptance takes effect when acceptance letter is posted Acceptance produced + acceptance communicated = Valid acceptance -> contract

Answer 16

Unilateral mistakes to terms/identites, mutual mistakes or uncertainty Overcome by statutory machinery

Answer 17

Required to enter into a contract Price(anything of value) given in exchange for goods or services Must occur even if you alter a contract Requires an exchange, must move forward from promise and be sufficient

Answer 18

Part of a contract orally or in writing

Answer 19

If statement is a representation, then there is a remedy for misrepresentation If statement is a form of traders hype, then there is no remedy

Answer 20

Expressed orally on in writing in a contract

Answer 21

Come from statute, the courts or trade custom Terms implied in a contract by statue often aimed at protecting the party with the weaker bargaining power

Answer 22

Signature (Written contract signed by the other party) Notice (Reasonable notice given, if document is contractual in nature and sufficient notice given) Custom (Established by party's previous trading relationship or expected conduct of business in that locality)

Answer 23

Major term. Party not in breach can choose to end the contract and claim damages

Answer 24

Minor term. Damages can be claimed but contract continues

Answer 25

Depend on seriousness of breach as to how they're treated

Answer 26

Seek to limit or exclude a liability that would otherwise exist Must be incorporated into contract at time of agreement and reasonably brought to the other parties' attention New consideration required for new exemption cause Court construes ambiguity against party seeking to rely on ambigious exemption clause Must meet the test of fairness

Answer 27

Under the Unfair Contract Terms Act 1977 (B2B) Exemption clauses purporting to exclude liability for death or injury through negligence are invalid

Answer 28

Consumer-business contracts States that an unfair term is not binding on a consumer Rule against excluding liability for death/injury still applies as well

Answer 29

The ascertainment of the meaning which the document would convey to a reasonable person having ... all the background knowledge The meaning a document conveys to a reasonable man is not the same as the meaning of its words

Answer 30

Agreement Performance Frustration Breach

Answer 31

End a contract by agreeing to do so; this creates a new contract which supersedes the old one. Occurs via express provision or via release/abandonment

Answer 32

When both parties have performed their contractual obligations Performance must mirror exactly and precisely what was promised

Answer 33

Substantial performance (Deduce an amount based on work not done if present) Divisible contracts (If possible to divide contract into smaller parts, award sum for parts completed) Acceptance of partial completion (If the other party freely accepts partial work, can discharge normally) Prevention of completion (If promise prevents completion, then the promisor is entitled to payment for work done)

Answer 34

Contract becomes impossible or illegal to perform Can occur for many reasons, usually not at fault of either party If one party purposefully attempts to frustrate a contract, this is prevention of completion

Answer 35

Destruction of subject matter Subsequent illegality Government intervention Personal incapacity of one party Purpose of contract doesn't occur

Answer 36

Covers many scenarios but usually involves one party failing to comply with either an express or implied term under the contract

Answer 37

Actual breach (If the time of performance has passed and the contract has been breached) Anticipatory breach (If the time of performance has not yet passed, but one party has indicated they do not intend to perform)

Answer 38

Dependent on type of term breached and the importance of it Innocent party can immediately discharge contract if breach was fundamental (major term) otherwise the contract usually continues Quantum Meruit, specific performance, action of the agreed contract price, injunction, repudiation

Answer 39

Aim is to put the innocent party in the position they would've been in, had the contract been performed Must not be too remote (legal test of causation) Shouldn't penalise the party in breach