Study your flashcards anywhere!

Download the official Cram app for free >

  • Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off
Reading...
Front

How to study your flashcards.

Right/Left arrow keys: Navigate between flashcards.right arrow keyleft arrow key

Up/Down arrow keys: Flip the card between the front and back.down keyup key

H key: Show hint (3rd side).h key

A key: Read text to speech.a key

image

Play button

image

Play button

image

Progress

1/12

Click to flip

12 Cards in this Set

  • Front
  • Back

What elements must be satisfied to decipher if there is a contract?

Offer, acceptance, consideration, intention to create legal relations

What could the express terms of a contract be?

price, signs, written terms concerning nature of the product e.g. special features, materials.

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

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.

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

Consumer Credit Act 1974

S75- £100-£30,000

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

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.

Elements of the tort of negligence

Donoghue v Stevenson (1932) - duty of care- breach of duty- damage. neighbour principle.

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.

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

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)