Contract Law

Essentials of a contract
1. Offer
  1. Not = Invitation to Treat
    1. Display of goods
    2. Advertisements
    3. Tenders
  2. Termination
    1. Revocation (Withdrawal)
    2. Lapse of Time (Reasonable)
    3. Subject to condition (satisfied)
    4. Offeree rejects offer
2. Acceptance
3. Consideration
4. Intention to create legal relations
Variations of Contract
1. Fresh consideration
2. Seal or Deed
3. Williams v Roffey Exception
  1. Indirect benefit/detriment
4. Promissory Estoppel
  1. Unfairness of going back on promise
Terms of Contract
1. Express Terms (Agreed)
  1. Valid made before or at time of contract
  2. Exception of validity
    1. Against Statutory Provision
    2. Against Public Policy
      1. 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
    3. Subjected to judiciary control
    4. Parol Evidence
      1. Misrepresentation of terms in contract, oral evidence may be admitted
2. Implied Terms
  1. Custom
  2. Court (common)
    1. Facts (both test must be satisfied)
      1. Obvious
      2. Necessary
    2. Law
  3. Statute
3. Breach of Implied and Express
  1. Can sue for damages
  2. Can Terminate if:
    1. Stated in contract
    2. Condition Breached (Fundamental)
    3. Serious breached, deprived whole benefit
4. Exclusion/ Limitation Clause
  1. Validity depends on
    1. Reasonable notice
      1. Visibility
      2. Place it is found
      3. Language
    2. Validity under UCTA
      1. S2(1): Injury or death
      2. S2(2): negligence in relation to loses
      3. Reasonableness
        Bargaining strength of parties
        Customer knows or ought to know clause
        Insurance
Vitiating contract
1. Illegal
  1. Statutes
    1. Expressed
    2. Implied
  2. Case
    1. Crime, Fraud, Illegal act
    2. Give false evidence on court
  3. No actions for damages
    1. Exception: One innocent party
2. Misrepresentation (not a term)
  1. Opinion is not
  2. Sales talk is not
  3. Silence is not
    1. Exception:
      1. Fiduciary Duty
      2. Half Truth
  4. Induce formation of contract
  5. Types of misrepresentation
    1. Fraudulent
    2. Negligent
    3. Innocent
  6. Remedies
    1. Rescind contract depends on:
      1. Lapse of reasonable time
      2. Impossible to rescind
3. Duress
  1. Actual Violence
  2. Economic duress
    1. Depends on:
      1. No Choice
      2. Agreed under protest
      3. Received independent legal advice
      4. Exploiting Situation
4. Undue Influence
  1. Depending on:
    1. Needs a relationship
    2. Understood nature
    3. Suffer disadvantage
    4. Obtain unfair advantage
    5. Receive independent legal advice
5. Mistake
  1. Shared by both parties
  2. Relate to fundamental
  3. Signed documents
    1. Fundamentally different
    2. Not negligent
Termination of contract
1. Performance
2. Agreement
  1. Stated in contract
    1. Expressed
    2. Implied
  2. Variation of contract
    1. Both parties benefit
3. Repudiatory or Fundamental Breach
  1. Repudiatory
    1. Actual
    2. Anticipatory
  2. Fundamental
    1. Breach of condition
4. Frustration
  1. Illegality
  2. Impossibility
    1. Destroyed before completion
    2. Death or personal incapacity
    3. Unable to fulfill in a particular manner
    4. Fail without the fault of both parties
  3. Radically different from envisaged
    1. For a particular purpose which is not attainable
  4. Self-Induced
  5. Force Majeure Clause
    1. Validity
  6. Payment
Remedies fro breach of contract
1. Damaged
  1. Liquidated
    1. Pre-agreement
    2. Validity
  2. Unliquidated
    1. Loss must be proven
    2. Punitive damages
    3. Damages for injured feelings
    4. Cannot be too remote
2. Specific Performance
  1. Adequate Damages
  2. Personal Service
3. Injunctions
  1. Enforce ROT
Law of Sale of Goods
1. Implied Terms
  1. S13: Goods will correspond with description
    1. Breach, buyer can reject goods and sue for damages
  2. S14(2): Satisfactory Quality
    1. Functionality
    2. Appearance
    3. Defects
    4. Safety
    5. Durability
  3. S14(3): Express or Imply goods must be for a particular reason
2. S15: Bulk will correspond with sample
3. Loss of right to reject
  1. Accepted goods
  2. Keep good for more than a reasonable time
  3. non-consumer sale

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	Criado por sherhui94 aproximadamente 9 anos atrás