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76 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Provision of information is not an offer |
Harvey v Facey |
"Bumper Hall Pen" |
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The display of goods in a shop or on shelves of any place of sale is not an offer |
Fisher v Bell Pharmaceutical Society of Great Britain v Boots Cash Chemists |
"Knife in shop window" |
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Advertisements for products in a newspaper or print media are regarded as merely an invitation to treat |
Crittenden v Pertridge |
"Bramble Hen Finch" |
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4 ways which an OFFER can be terminated |
Lapse of time Revocation Rejection If the offeror dies |
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An offeror can revoke is offer anytime before acceptance. |
Routledge v Grant |
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Revocation takes place when it is communicated to the offeree before acceptance |
Byrne v Van Tienhoven |
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A counter offer terminates the original offer |
Hyde v Wrench |
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In certain circumstances there can be no acceptance by silence. The oferror cannot impose acceptance merely because the offeree did not reject the offer |
Felthouse v Bindley |
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Consideration need not to be adequate but it must be sufficient (Case) |
Chapell v Nestle |
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Even a candy rapper can be consideration |
Thomas v Thomas |
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Consideration MUST HAVE VALUE (Case) |
White v Bluett |
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Consideration must move from the promisee |
Tweedle v Atkinson |
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Consideration must not be passed/you should not give consideration unless a request has been made |
Re Mcardle |
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Payment of a lesser sum on the date that the debt is due can never be satisfaction for the full debt. |
Pinell's Case |
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If an advertisement in the paper is promising consideration for an action to be done and the action is enough to initiate a contract then that would be regarded as a Unilateral offer. |
Carlil v Carbolic Smoke Ball |
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consideration for someone to perform a contract they are already obligated to perform is not a binding promise |
Stilk v Myrick |
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This is when you promise something but the court is preventing you from denying that you made the promise |
Promissory Estoppel |
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Cases on Promissory Estoppel |
Central London Property Trust v High Trees House D&C Builders v Rees |
War time and rent |
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Only a person who is a party to a contract has enforecable rights or obligations under it |
Dunlop v Selfridge |
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An informal agreement of indefinite duration made between husband and wife(whose marriage had not ye broken up) was not intended to be legall binding |
Balfour v Balfour (1919) |
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Cases for Domest Arrangements in regards to legal intentions in a contract |
Balfour v Balfour Merritt v Merritt Simpkins v Pays |
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What is a term? |
A term of a contract is what the parties have agreed to do. |
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What are the 2 types of terms? |
Expressed Terms Implied Terms |
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Who can imply terms into a contract? |
Court Customs Parliament |
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These go to the root of the contract and if broken can result to canceling of the contract (Give case also) |
Condition (Poussard v Spiers) |
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These are terms in the contract that when broken result in minimal or no loss. (Give Case) |
Warranty (Bettini v Gye) |
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One case where the court implied terms into a contract. |
The Moorcock case |
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One case where custom implied terms in a contract. |
Hutton v Warren |
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What are Innominate terms? |
When you cannot tell wether a term is a warranty or condition. |
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How do the courts clarify innominate terms? |
They wait until the term is breached to find out what kind of term it is |
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Innominate terms are not a different type of term but really a gray area that can be clarified. (Case) |
Hong Kong v Kawasaki Shipping |
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What is a exclusion clause? |
This is a term placed into a contract by one of the parties( the one making the contract) to allow him to escape responsibility in the event of foreseeable or unforeseeable loss. |
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The main case in Exclusion Clause |
Photo Production v Securicor |
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What are the 2 rules the court use in their intervention of the Exclusion Clause? |
Incorporation Rule Contra Proferentem |
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What is the Incorporation Rule? |
This states that if the exclusion clause has not been brought to the attention of the other party before they contract, they will not be allowed to rely on the exclusion clause |
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What are the cases for the Incorporation rule? |
Olley v Malbourough Ct. Hotel Thornton v Shoe Lane Parking Chapelton v UDC L'Estrange v Graucolo |
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What is capacity? |
Capacity refers to our ability to execute a contract |
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Matters that will affect your capacity include? |
Insanity Intoxication Minority Corporate Inability |
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Who is a minor? |
A person who has not yet reached their 18 birthday |
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What was the laws compromise in relation to the capacity of minors? |
A minor will be liable where the contract is for necessaries |
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A seller was able to prove that a gold watch maybe considered a necessary |
Peter v Fleming |
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A taylor sued a minor for the price of clothes including 11 waistcoat, his action failed because he could not show that the minor was not already adequately supplied. |
Nash v Inman |
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A contract of service or apprenticeship is binding on a minor if when looked at in total he stands to benefit. However the law will not enforce suchca contract if it were opressive or harsh to the minor. |
De Francesco v Barnum |
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A Unilateral offer is an offer made to general public requesting them to do something in return for Consideration (Give Case) |
Carlil v Carbolic Smoke Ball |
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A revocation of offer is effective if it is communicated by a reliable third party to the offeree |
Dickinson v Dodds |
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This Act states that goods which are sent or services which are rendered to a person who did not request them is not "accepted" merely because he does not return them to sender |
Unsolicited Goods Act |
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What does the Postal Rule states |
Once the letter of acceptance has been properly addressed and posted in accordance with the offeror request or wher the post office is the most reasonable mean ofresponse then once the letter has posted acceptance has been made even if it lost in post |
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What is Misreprensentation? |
A misrepresentation is an UNTRUE statement of FACT which is one of the causes which INDUCE the contract |
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What are the 3 elements of Misrepresentation? |
•the statement must be a statement of fact •the statement may be expressed, gesture or even silence •the statement must have induce the encouraged the person to enter the contract |
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The statement must be a statement of fact (Misrepresentation) (Give Case) |
Smith v Land and House Property |
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The statement must have encouraged the person to enter the contract (MIsrepresentation) (Give Case) |
Horsfall v Thomas |
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What is key issue in Misrepresentation principles? |
Silence leading to Misrepresentation |
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Silence will lead to Misrepresentation when it is a contract of utmost good faith? What type of contract is this? |
Uberrimae Fide |
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Silence will lead to Misrepresentation where the circumstances of the contract have change from the negotiation was made (Give Case) |
With v O' Flanagan |
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Silence will lead to misrepresentation when silent distorts a literally true statement |
R v Kyslant |
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What are the 3 types of Misrepresentation? |
Fradulent Negligent Innocent |
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What is Fradulent Misrepresentation? |
A statement which is known to be false, or made without belief in its truth or not caring whether it is true or false |
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This case defined "Fraud" in fraudulent misrepresentation? |
Derry v Peek |
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For the seller to void a contract for fraudulent misrepresentation he must have taken the reasonable steps to recover the goods (Give Case) |
Car and Universal Finance v Caldwell |
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For the seller to void a contract for fraudulent misrepresentation he must have taken the reasonable steps to recover the goods (Give Case) |
Car and Universal Finance v Caldwell |
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The maker of a fraudulent misrepresentation cannot raise the defence of contributory negligence (Give Case) |
S.C Bank v Parkinson National Shipping |
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What is Innocent misrepresentation? |
This is a statement which the maker honestly and reasonably believes to be true. |
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What is the remedy for innocent misrepresentation? |
Recission |
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Fradulent Misrepresentation can be sued under the tort of.... |
Deciet |
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What are the remedies for Fradulent Misrepresentation? |
Recission Refuse to perform the contract Damages |
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What is a Negligent misrepresentation? |
This is a false statement made by a perosn who had no reasonable grounds to believe in its truth |
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A negligent misrepresentation may give rise to negligent action (Give Case) |
Headley Byrne v Heller |
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What are the bars to recissions? |
•Affirmation of the contract •Lapse of time •if restituto integrum is impossible |
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Recission of a contract is barred if the innocent party with knowledge of his rights affirms the contract? (Give Case) |
Long v Lloyd |
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Recission cannot work if Restituto integrum is impossible (Give Case) |
Clarke v Dickson |
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A contact cannot exempt liability for misrepresentation (Give Act) |
Unfair Contract Terms Act |
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An exception to the doctrine of privity is a person sueing under on behalf of a deceased party (Give Case) |
Beswick v Beswick |
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What is Contra Proferentum Rule in Exclusion Clause? |
Where the clause is ambigious the court will interpret it against the person making it |
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What are Parlimentary intervention in the exclusion clause |
Consumer Protection Act Unfair Contract Terms Act |
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What are some invalid exclusion clause as stated by Parliament |
Any exclusion clause that seeks to exclude liability for death or personal injury Where the clause seeks to exclude liability for damage to property; that clause must be reasonable if it is to be valid |
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What are 3 factors the courts look on to determine the reasonableness of the exclusion clause? |
1.The history of the dealings between the party 2.was the person aware of exclusion clause in previous dealings 3.the size of the sign or the location of the clause based on its importance |
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