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Flashcards

Contract Law

muhd.nurul Legal Issues Undergraduate Inglês 23 flashcards

Flashcards do conjunto (23)

  1. 1Contract (Promises)Promise or a set of promises which the law will enforce
  2. 2Contract (Agreements)Agreement giving rise to obligations which are enforced or recognised by law
  3. 3PromiseGuarantee that something will be done
  4. 4AgreementA meeting of minds with the understanding and acceptance of reciprocal legal rights and duties as to particular actions or obligations
  5. 5Contract Formation Requirements1) Offer & Acceptance via cons. ad idem
    2) Intention to create legal relations
    3) Consideration or Deed
  6. 6Contract Formation Qualifiers1) Capacity (i.e. not minors/drunk/unsound)
    2) Not contrary to public policy
    3) All legal formalities to be complied with
  7. 7Consensus Ad Idem• Meeting of Minds
    • Objective Test (Clapham omnibus)
    • Agreement between offer & acceptance
  8. 8OfferWillingness to contract on
    specified terms with the intention that, if
    accepted, it shall become a binding
    contract
  9. 9Offer vs Invitation to Treat•Display of goods in not an offer to sell at
    that price but an invitation to treat
    • The customer makes the offer at the till
    which the shop accepts to conclude the contract
  10. 10AcceptanceUnconditional assent communicated by
    the offeree to the offeror, to all terms of the offer, made with the intention of accepting
  11. 11Consideration• Law will not enforce a gratuitous promise
    • Something of value which legitimises the contract
  12. 12Vitiating Factors• Misrepresentation
    • Duress
    • Undue Influence
    • Certain forms of Mistake
  13. 13Discharge of Contract• Performance
    • Agreement
    • Breach
    • Frustration
  14. 14Performance (Discharge)• All parties fulfil their obligations
    • Precise and exact
    • Harshness of contracts (severability/substantial performance/partial performance)
  15. 15Agreement and Frustration (Discharge)• Without fault of either party
    • Event renders further performance an impossibility
  16. 16Breach of Contract• Failure to perform
    • Repudiation [I won't do it]
    • Any breach that takes place before the time of performance is an anticipatory breach
  17. 17Remedies for Breach• Losses due to: damages / quantu meruit
    • Specific Performance
    • Injunction
  18. 18Measure of Damages• Expectation Measure: Restore injured party to EXPECTED economic position
    • Reliance Measure: Restore injured party to INITIAL economic position
    • Liquidated Ascertained Damanges
  19. 19Remoteness of Damage (Two Limbs)• 1st Limb: Arising Naturally
    •2nd Limb: Reasonably in contemplation by both parties
  20. 20MitigationAvoidance and management of losses caused by the breach
  21. 21Retrospective AcceptanceStart now, sign contract later
  22. 22RevocationChoose new vendor / supplier
  23. 23Most prevalent issue in contracts“parties…conducting their transactions with one another…on the assumption
    that a contract would ultimately be agreed upon”
    – as established in Trollope &
    Colls v Atomic Power Construction.

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Descrição
Undergraduate Legal Issues FlashCards sobre Contract Law, criado por muhd.nurul em 13-04-2015.
Criado por
muhd.nurul
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