Week Two REDO Flashcards
What cases set a precedent regarding social agreements and what they are?
Balfour v Balfour [1919] 2KB 571 - Social domestic agreements are usually not legally binding as there was no intention for legal relations
Robertson v Anderson 2003 SLT 235 (W&B 3-04) - if the social agreement was made with the intent to be legally bound then its binding
What case regarding intent to create a legal obligation sets a precedent that parties can agree without legal relations?
Rose & Frank Co v Crompton Bros [1923]
What cases are concerned with incomplete agreements and what precedents they set?
May & Butcher v R [1934] - Agreements to agree are not enforceable
McArthur v Lawson - Vague general understanding cannot be enforced
What case provides the precedent that contracts can exist without finalising all significant terms due to performance of duties if there is an indication of intention for a binding agreement without such?
RTS Flexible Systems Ltd v Molkerei Alois Muller GmbH [2010]
What is Certum est quod certum
redid potest?
Terms left to be determined
What cases are concerned with Certum est quod certum redid potest and what is left to be determined?
Foley v Classique Coaches - Terms still to be determined by arbitration
Scottish Wholefoods Collective Warehouse Ltd v Raye Investments Ltd - Terms still to be determined by open market value
Courtney & Fairbairn v Tolaini Bros (Hotels) Ltd - Terms still to be determined by a agreement between quantity surveyors
Payment Quantum Meruit meaning?
The payment someone deserves?
What are the cases concerned with executed agreements and what precedents they set?
Wilkie v Scottish Aviation Ltd - Professionals are entitled to reasonable remuneration for their services even in an absence of a specific agreement (Quantum Meruit)
R&J Dempster v Motherwell Bridge and Engineering Co Ltd - If there is an agreement that price is not an essential term then its binding
Avintair v Ryder Airline Services Ltd 199 - Courts may imply terms for reasonable payment if there is a dissensus on price
What does it mean by implied terms regarding price?
An implied term for price means that the buyer is expected to pay a reasonable price for goods or services if there is no explicit agreement on the price.
Whats a key principle in creating legal obligations within contracts?
Intention to be legally bound
What are the types of obligations and what they mean?
Pure Obligations - Due immediately
Future Obligations - Due upon occurrence of a specific event
Contingent Obligations - Suspensive, due on the occurrence of an uncertain event - Resolutive, ended by occurrence of uncertain event
What cases are examples of Commerical Agreements?
Rose and Frank Co v JR Crompton & Bros Ltd [1925] AC 445 (W&B 3-06)
WS Karoulias SA v Drambuie Liqueur Co Ltd (No2) 2005 SLT 313 (W&B 3-02)
RTS Flexible Systems Ltd v Molkerei Alois Muller GmbH & Co KG [2010] UKSC 14 (W&B 3-03)
What are the exceptions to the general rule requirements of Writing (Scotland) Act 1995 that writing is not typically required for a contract?
Creation, transfer, variation, or extinction of real rights in land.
Gratuitous unilateral obligations except those in business.
