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12 Cards in this Set
- Front
- Back
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What elements must be satisfied to decipher if there is a contract? |
Offer, acceptance, consideration, intention to create legal relations |
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What could the express terms of a contract be? |
price, signs, written terms concerning nature of the product e.g. special features, materials. |
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Sales of Goods Act 1979 |
S13: Goods must correspond with their description S14(2) and (3) Goods must be of satisfactory quality/fit for any particular purpose expressly or impliedly made known at time of sale |
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Supply of Goods and Services Act 1982 (Goods and services combined) |
S3: Goods must correspond with their description. S4: Goods must be of satisfactory quality/fir for any particular purpose expressly or impliedly made known at the time of sale S13: Service must be carried out with reasonable care and skill. |
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Case law for breach of contract? |
Hadley v. Baxendale (1854) - Loss which flows directly and naturally from the breach of contract - Loss which may reasonably be supposed to have been in the consideration of both parties at the time of the contract as a serious possibility if a breach occurred |
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Consumer Credit Act 1974 |
S75- £100-£30,000 |
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Unfair Contract Terms Act 1977 |
S2(1) not possible to exclude or restrict liability for death/personal injury in case of negligence S6(2) and (3) Liability for breach of SGA 1979 S 14 cannot be excluded or restricted when dealing with consumer |
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Privity of contract and the Contracts (Rights of Third Parties) Act 1999 |
The Act only allows benefit of a contract to be conferred on a TP- does not allow burder of a contract to be passed. TP may enforce a term of the contract if: contract states he can, the contract purports to confer a benefit on him. TP must be expressly identified in contract. |
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Elements of the tort of negligence |
Donoghue v Stevenson (1932) - duty of care- breach of duty- damage. neighbour principle. |
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Case to determine tortious damages and criteria |
Wagon Mound [1961] - defendant should only be liable if type of loss is a foreseeable consequence of his breach. There must be compensate-able damage, caused by breach of duty, not too remote. |
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Consumer Protection Act 1987 |
offers protection if no contract. claimant must prove- damage, caused by, a defect, in the product and that the defendant is potential defendant. cannot claim for pure economic loss under CPA |
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Factors in considering "reasonable man" |
Liklihood- Bolton v. Stone (cricket ball causing injury) Gravity - Paris v. Stepney Borough Council (protective goggles not provided) Cost to overcome risk- Lattimer v. AEC (slippery floor affter flood did everything to omit risk bar closing factory) |
