Contract Law

Mind Map by , created over 3 years ago

Contract law

Created by sherhui94 over 3 years ago
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1 Essentials of a contract
1.1 Offer
1.1.1 Not = Invitation to Treat Display of goods Advertisements Tenders
1.1.2 Termination Revocation (Withdrawal) Lapse of Time (Reasonable) Subject to condition (satisfied) Offeree rejects offer
1.2 Acceptance
1.3 Consideration
1.4 Intention to create legal relations
2 Variations of Contract
2.1 Fresh consideration
2.2 Seal or Deed
2.3 Williams v Roffey Exception
2.3.1 Indirect benefit/detriment
2.4 Promissory Estoppel
2.4.1 Unfairness of going back on promise
3 Terms of Contract
3.1 Express Terms (Agreed)
3.1.1 Valid made before or at time of contract
3.1.2 Exception of validity Against Statutory Provision Against Public Policy Eg: Restraint of Trade clauses (Pg. 83) Validity depends on: Legitimate Interest to protect Pull over customers or employees Access to trade secrets Too wide Time Area Scope Subjected to judiciary control Parol Evidence Misrepresentation of terms in contract, oral evidence may be admitted
3.2 Implied Terms
3.2.1 Custom
3.2.2 Court (common) Facts (both test must be satisfied) Obvious Necessary Law
3.2.3 Statute
3.3 Breach of Implied and Express
3.3.1 Can sue for damages
3.3.2 Can Terminate if: Stated in contract Condition Breached (Fundamental) Serious breached, deprived whole benefit
3.4 Exclusion/ Limitation Clause
3.4.1 Validity depends on Reasonable notice Visibility Place it is found Language Validity under UCTA S2(1): Injury or death S2(2): negligence in relation to loses Reasonableness Bargaining strength of parties Customer knows or ought to know clause Insurance
4 Vitiating contract
4.1 Illegal
4.1.1 Statutes Expressed Implied
4.1.2 Case Crime, Fraud, Illegal act Give false evidence on court
4.1.3 No actions for damages Exception: One innocent party
4.2 Misrepresentation (not a term)
4.2.1 Opinion is not
4.2.2 Sales talk is not
4.2.3 Silence is not Exception: Fiduciary Duty Half Truth
4.2.4 Induce formation of contract
4.2.5 Types of misrepresentation Fraudulent Negligent Innocent
4.2.6 Remedies Rescind contract depends on: Lapse of reasonable time Impossible to rescind
4.3 Duress
4.3.1 Actual Violence
4.3.2 Economic duress Depends on: No Choice Agreed under protest Received independent legal advice Exploiting Situation
4.4 Undue Influence
4.4.1 Depending on: Needs a relationship Understood nature Suffer disadvantage Obtain unfair advantage Receive independent legal advice
4.5 Mistake
4.5.1 Shared by both parties
4.5.2 Relate to fundamental
4.5.3 Signed documents Fundamentally different Not negligent
5 Termination of contract
5.1 Performance
5.2 Agreement
5.2.1 Stated in contract Expressed Implied
5.2.2 Variation of contract Both parties benefit
5.3 Repudiatory or Fundamental Breach
5.3.1 Repudiatory Actual Anticipatory
5.3.2 Fundamental Breach of condition
5.4 Frustration
5.4.1 Illegality
5.4.2 Impossibility Destroyed before completion Death or personal incapacity Unable to fulfill in a particular manner Fail without the fault of both parties
5.4.3 Radically different from envisaged For a particular purpose which is not attainable
5.4.4 Self-Induced
5.4.5 Force Majeure Clause Validity
5.4.6 Payment
6 Remedies fro breach of contract
6.1 Damaged
6.1.1 Liquidated Pre-agreement Validity
6.1.2 Unliquidated Loss must be proven Punitive damages Damages for injured feelings Cannot be too remote
6.2 Specific Performance
6.2.1 Adequate Damages
6.2.2 Personal Service
6.3 Injunctions
6.3.1 Enforce ROT
7 Law of Sale of Goods
7.1 Implied Terms
7.1.1 S13: Goods will correspond with description Breach, buyer can reject goods and sue for damages
7.1.2 S14(2): Satisfactory Quality Functionality Appearance Defects Safety Durability
7.1.3 S14(3): Express or Imply goods must be for a particular reason
7.2 S15: Bulk will correspond with sample
7.3 Loss of right to reject
7.3.1 Accepted goods
7.3.2 Keep good for more than a reasonable time
7.3.3 non-consumer sale

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