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14 Cards in this Set
- Front
- Back
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Offer |
Clear and unambiguous terms Unconditional (Clark - Contract Law) |
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Acceptance |
A final, unconditional and certain indication of agreement to the terms of the offer. Objective intention of accepting. |
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Consideration |
An act or forbearance by one party (or a promise thereof) is the price for which the promise of another is bought. Therefore it is a promise given for value and is enforceable Dunlop v Selfridge (HOL) |
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Doctrine of Privity |
"Only a person who is party to a contract may sue upon it" Dunlop v Selfridge (HOL) |
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Parol Evidence Rule |
Oral testimony cannot be received to contradict or run counter to written terms in a contract Bank of Australasia v Palmer |
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Innominate Contractual Term |
A term not labelled as either a condition (breach allows damages and ending of contract) or a warranty (breach allows for damages only) is an innominate term. The court must look the effect of a breach of such a term to determine if the innocent party would be substantially deprived of the whole of the benifit. Hong Kong Firs Shipping Co. Ltd v Kawasaki |
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Contra Preferentum Rule |
Any doubt in the construction of a stipulation of a contract should be construed strictly against the party in whose favour the it is made Burton v English Attempted catch all liability clauses need to expressly rule out negligence Canada Steamship Line Ltd v R |
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Mistake 3 types |
Where one or both parties enter into an agreement on the basis of a mistaken belief Common Mistake: Both parties under the same mistaken belief Mutual Mistake: Both believe they are entering different contracts Unilateral Mistake: One party knows the other is making a mistake |
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Duress |
Unacceptable level of pressure used to coerce one party into agreement |
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(F)Actual Undue Infuence |
An equitable wrong committed by the dominant party which makes the enforcement of the agreement unconscionable. Burden of proof rests with person alleging Actual Undue Influence Royal Bank of Scotland v Etridge |
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Presumed Undue Influence |
Special duty of care because of the relationship's dominant/subservient nature to deal fairly with other party. Undue influence is presumed in these relationships but not abuse of said influence. Royal Bank of Scotland v Etridge |
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Repudiatory Breach |
Where one party deliberately makes a clear decision not to fulfil a serious obligation under the contract. Innocent party attains the right to end contract and sue for damages. Athlone RDC v Campbell & Sons |
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Discharge by Frustration |
When a supervening event outside the control of the parties and not provided for in the contract makes enforcing the contract obligations impossible or radically different from what was intended Zuphen v Kelly Technical Sevices |
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Misprepresentation |
A statement of fact inducing a party into a contract, which does not itself form part of the contract |
