Week Two

Question 1

What legislation governs sale agreements?

Answer 1

Sale of Goods Act 1979 s.8.

Question 2

What is the principle of Payment Quantum Meruit?

Answer 2

Payment for services rendered when a contract is not specified. (Wilkie v Scottish Aviation Ltd 1956)

Question 3

What does the case R&J Dempster v Motherwell Bridge and Engineering Co Ltd 1964 state about price?

Answer 3

Price is considered a non-essential term.

Question 4

What does the case Avintair v Ryder Airline Services Ltd 1994 say about implied terms in contracts?

Answer 4

Courts may imply terms for reasonable payment if there is dissensus on price.

Question 5

What is the key principle regarding the intention to create legal obligations?

Answer 5

Not all agreements create contracts; intention to be legally bound is crucial.

Question 6

What are the presumptions about social and commercial agreements?

Answer 6

Social agreements are typically not legally enforceable, while commercial agreements are presumed to be legally enforceable.

Question 7

Can the presumptions about social and commercial agreements be challenged?

Answer 7

Yes, presumptions can be challenged based on circumstances.

Question 8

What was the ruling in Balfour v Balfour [1919] regarding social agreements?

Answer 8

The agreement was not legally binding.

Question 9

What was the ruling in Robertson v Anderson 2003 regarding social agreements?

Answer 9

The agreement was legally binding in a specific circumstance.

Question 10

What was the ruling in Rose and Frank Co v JR Crompton & Bros Ltd [1925] regarding commercial agreements?

Answer 10

No contract was formed.

Question 11

What are pure obligations?

Answer 11

Obligations that are due immediately.

Question 12

What are future obligations?

Answer 12

Obligations that are due upon the occurrence of a specific event.

Question 13

What are contingent obligations?

Answer 13

Obligations that are either suspensive (due on the occurrence of an uncertain event) or resolutive (ended by the occurrence of an uncertain event).

Question 14

How should conditions be differentiated from contractual terms?

Answer 14

Conditions are specific events that trigger obligations, while contractual terms are the agreed-upon provisions within the contract.

Question 15

What is the general rule regarding writing for contracts under the Requirements of Writing (Scotland) Act 1995?

Answer 15

Writing is not typically required for contracts, except where specified. (S.1(1))

Question 16

What are the exceptions where writing is required for contracts?

Answer 16

Creation, transfer, variation, or extinction of real rights in land.

Gratuitous unilateral obligations except those in business. (S.1(2))

Question 17

What conditions must be met for unwritten contracts for property to be enforceable?

Answer 17

A party must act or refrain from acting based on the contract.

The other party must have silent consent.

Actions must materially affect the acting party.

Withdrawal is barred if these conditions are met. (S.1(3)-(4))