BARRY ALLAN CONTACT PART II. Introduction 1. OBJECTIVE THEORY OF CONTRACT 2. A MODEL OF CONTRACT

Size: px
Start display at page:

Download "BARRY ALLAN CONTACT PART II. Introduction 1. OBJECTIVE THEORY OF CONTRACT 2. A MODEL OF CONTRACT"

Transcription

1 BARRY ALLAN CONTACT PART II Introduction 1. OBJECTIVE THEORY OF CONTRACT We use the objective principle to decide whether there has been an agreement, consideration and intention to be bound between the two prospective parties. A meeting on the minds is decided on the circumstances, not the subjectivity of what they actually intended. Vermissimo v Walker: The subjective state of mind of the respective parties is immaterial. What is important is the factual matrix. 2. A MODEL OF CONTRACT A typical contract is a bilateral executor agreement consisting of an exchange of promises deliberately carried though by offer and acceptance with the intention of creating a binding deal REX. When those steps are fulfilled a contract comes into being and no steps have to be taken by the parties to create the obligation. It is binding because the parties intent it to be bound. If a party doesn t perform their obligations then the party in breach will pay damages which prima facie represent the value of the innocent s party disappointed expectations. So damages can be brought even if the party hasn t relied on the contract and the defendant hasn t received any benefit from it. Atiyah, P S Essays on Contract 3. CONSEQUENCES OF NON-PERFORMANCE If an obligation isn t carried out the party will be in breach and will be liable to the innocent party. The law isn t concerned with why the obligation was breached, liability for non-performance is strict so excuses are limited. There is a high value placed on the effort of people going through the motions to create a contract so it will take a lot to make such ineffective. In applying contracts the courts do not impute a standard of fairness, this being a manifestations of the freedom of contract principle. The objective principle isn t applied in every situation however: In Vector Gas there was emphasis placed on the idea of rectification, in that a term that had been thought of but not included in the contract should be given effect in order to reflect the intention of the parties. Duress is seen a invalid procured consent and will not be enforced. A mistake will need to be taken into account to determine a breach it could be used either as an excuse for nonperformance or as a rectification of the contract. If the court finds such a circumstance fairness will dictate that the mistake be fixed and excused. SO; we must look at the circumstances of the parties when they enter into the contract (with the exception of frustration) to determine if there is anything that can undermine the enforceability of the contract.

2 Mistake Mistake occurs when one or both parties aren t aware of a feature of the factual matrix or are wrong as to such. This mistake can be fundamental to the contract. If there is a misassumption that caused entry into a contract the court might consider there has been a mistake. In terms of mistake we are talking about individual parties and their subjective understand, contradicting the objective principle. Paradine v Jayne held that parties could allow for mistake within their contracts. 1. SOME CONTRASTS A LIBERAL ATTITUDE TO MISTAKE Sutton, Richard The Code of Contractual Mistake: What Went Wrong All bargaining processes are prone to human frailties and should accordingly have protection from mistake as a manifestation of this. In terms of mistake, we are not concerned with fault but accepting that people make errors in failing to take something into account. In England the common law has developed so far that a contract can be void for mistake A HOSTILE ATTITUDE TO MISTAKE Collins, Hugh The Law of Contract London If an agreement were to be invalid (e.g. because the property for sale was destroyed) we would not be able to find the contract void for lack of consent. Relief for mistake depends on the contractual risk allocation and whether the terms of the contract allow for such. Doing anything other than looking for the allocation of risk is responding to subjective intentions and we would be overlooking or ignoring the objective tests that breaks the connection between consent (objectively determined) and intention (subjectively determined). Associated Japanese Bank supports this view and the courts only acknowledge that mistake can upset the contract because there have been express or implied terms on mistake. ABSENCE OF OFFER AND ACCEPTANCE This is when the parties think there is a consensus, however they have different terms in contemplation therefore there can be not contract as the terms are not certain. Raffles v Wichelhaus Facts: There was a transfer of wheat from England to India in which the parties contemplated that the Pearless would transfer their goods but in Bombay there were two ships called Pearless, with the parties contemplating different vessels. There was no agreement as the contract lacked certainty as to the terms of the vessel. In a sense the parties were mistaken but there was no way to ascertain which party was mistaken and which party was correct so it s easier to say that the parties have failed to create an agreement for lack of certainty. The CA in Great Peace Shipping held that in circumstances like this both parties could have mistakenly believed that they had entered into a contract however this agreement could not be legally enforced. s 2(3) Contractual Mistakes Act 1977 There is a contract for the purposes of this Act where a contract would have come into existence but for circumstances of the kind described in s 6(1)(a) of this Act. MISREPRESENTATION AND MISLEADING BEHAVIOUR

3 This is where one party makes a mistake because of a representation made by the other party that is false. Here there is a separate remedy for mistake finding that the party who lied is at fault and consequently owes the other party compensation for the loss caused. FRUSTRATION When there is an event that would alter the course of the contract after entry but before performance, frustration will determine if this event had made the contract impossible to perform. At common law the test for frustration is almost identical but mistake, but the supervening event occurs after entry into the contract not before. 2. MISTAKE AT COMMON LAW (English Approach) Great Peace Shipping Ltd v Tsavliris Salvage This case tells us the difference between mistake and frustration and gives us an indication as to what events will cause frustration and the impact individual parties will have on the law of mistake depending on the terms of their contract Facts: Great Provenance sent out a mayday signal with Great Peace picking up the mayday call and through onshore officers entered into a contract so they would come to the aid of Great Provenance. Both ships captains however made a mistake that Great Peace was the closest ship, so when Great Peace arrived to help the closer unnamed ship was already providing assistance to Great Provenance. Great Provenance claimed a they had mistakenly entered into the contract with Great Peace thinking they were the closest ship. The CA found this to be a common mistaken assumption of fact that renders the performance something other than assumed. This mistake must be one of fundamental fact (same test as frustration test is making performance something radically different than what was agreed). To determine if there is a fundamental difference the court must look at the contract and see if there has been a contractual allocation of risk for such a mistake. Under the contract Great Provenance had an obligation to pay even if they cancelled salvage therefore the mistake was not sufficient to mean they didn t have to pay. For a mistake at common law there must be 1. A fundamental mistake 2. If there is such a mistake it is mandatory that the contract is void s 6(1)(c) Contractual Mistake Act: If the parties have allocated the risk of mistake to one party that will disallow mistake as a remedy. 3. NZ S LEGISLATIVE APPROACH CONTRACTUAL MISTAKES ACT 1977 s 5: The act is a code to prevail over the rules of the common law and equity governing when relief can be given except where expressly provided for (protecting common law and equitable rules of rectification and non est factum if such situations are relied upon the act won t apply) s 6: Important provision in deciding what a qualifiying mistake is s 7: Provides for relief to be given s 6(1): A qualification of a mistake is unjust enrichment CONTRACTUAL MISTAKES ACT 1977 An Act to reform the law relating to the effect of mistakes on contracts 2. Interpretation (1) In this Act, unless the context otherwise requires... Mistake means a mistake, whether of law or of fact.

4 (2) For the purposes of this Act, and without limiting the meaning of the term mistake of law, but subject to section 6(2)(a) of this Act, a mistake in the interpretation of a document is a mistake of law. (3) There is a contract for the purposes of this Act where a contract would have come into existence but for circumstances of the kind described in section 6(1)(a) of this Act. 4. Purpose of Act (1) The purpose of this Act is to mitigate the arbitrary effects of mistakes on contracts by conferring on Courts... appropriate powers to grant relief in the circumstances mentioned in section 6 of this Act. (2) These powers are in addition to and not in substitution for existing powers to grant relief in respect of matters other than mistakes and are not to be exercised in such a way as to prejudice the general security of contractual relationships. 5. Act to be a Code (1) Except as otherwise expressly provided in this Act, this Act shall have effect in place of the rules of the common law and of equity governing the circumstances in which relief may be granted, on the grounds of mistake, to a party to a contract or to a person claiming through or under any such party. (2) Nothing in this Act shall affect (a) The doctrine of non est factum: The law relating to the rectification of contracts: (c) The law relating to undue influence, fraud, breach of fiduciary duty, or misrepresentation, whether fraudulent or innocent: (d) The provisions of the Illegal Contracts Act 1970 or of sections 94A and 94B of the Judicature Act 1908: (e) The Frustrated Contracts Act 1944 (3) Nothing in this Act shall deprive a Court... of the power to exercise its... discretion to withhold a decree of specific performance in any case. 6. Relief may be granted where mistake by one party is known to opposing party or is common or mutual (1) A Court may in the course of any proceedings or on application made for the purpose grant relief under section 7 of this Act to any party to a contract (a) If in entering into that contract (i) (ii) (iii) That party was influenced in his decision to enter into the contract by a mistake that was material to him, and the existence of the mistake was known to the other party or one or more of the other parties to the contract (not being a party or parties having substantially the same interest under the contract as the party seeking relief); or All the parties to the contract were influenced in their respective decisions to enter into the contract by the same mistake; or That party and at least one other party (not being a party having substantially the same interest under the contract as the party seeking relief) were each influenced in their respective decisions to enter into the contract by a different mistake about the same matter of fact or of law; and The mistake or mistakes, as the case may be, resulted at the time of the contract (i) In a substantially unequal exchange of values; or (ii) In the conferment of a benefit, or in the imposition or inclusion of an obligation, which was, in all the circumstances, a benefit or obligation substantially disproportionate to the consideration therefor; and (c) Where the contract expressly or by implication makes provision for the risk of mistakes, the party seeking relief or the party through or under whom relief is sought, as the case may require, is not obliged by a term of the contract to assume the risk that his belief about the matter in question might be mistaken. (2) For the purposes of an application for relief under section 7 of this Act in respect of any contract, (a) 7. Nature of relief A mistake, in relation to that contract, does not include a mistake in its interpretation: The decision of a party to that contract to enter into it is not made under the influence of a mistake if, before he enters into it and at a time when he can elect not to enter into it, he becomes aware of the mistake but elects to enter into the contract notwithstanding the mistake. (1) Where by virtue of the provisions of section 6 of this Act the Court has power to grant relief to a party to a contract, it may grant relief not only to that party but also to any person claiming through or under that party.

5 (2) The extent to which the party seeking relief, or the party through or under whom relief is sought, as the case may require, caused the mistake shall be one of the considerations to be taken into account by the Court in deciding whether to grant relief under this section. (3) The Court shall have a discretion to make such order as it thinks just and in particular, but not in limitation, it may do one or more of the following things: (a) Declare the contract to be valid and subsisting in whole or in part or for any particular purpose: Cancel the contract: (c) Grant relief by way of variation of the contract: (d) Grant relief by way of restitution or compensation. (4) An application for relief under this section may be made by (a) Any person to whom the Court may grant that relief; or Any other person where it is material for that person to know whether relief under this section will be granted. (5) The Court may by any order made under this section vest any property that was the subject of the contract, or the whole or part of the consideration for the contract, in any party to the proceedings or may direct any such party to transfer or assign any such property to any other party to the proceedings. (6) Any order made under this section, or any provision of any such order, may be made upon and subject to such terms and conditions as the Court thinks fit. 8. Rights of third persons not affected (1) Nothing in any order made under this Act shall invalidate (a) Any disposition of property by a party to a mistaken contract for valuable consideration; or Any disposition of property made by or through a person who became entitled to the property under a disposition to which paragraph (a) of this subsection applies if the person to whom the disposition was made was not a party to the mistaken contract and had not at the time of the disposition notice that the property was the subject of, or the whole or part of the consideration for, a mistaken contract and otherwise acts in good faith. (2) Nothing in any order made under this Act shall affect the operation of section 130 of the Property Law Act RECTIFICATION Rectifying means to correct. Rectification can be used where the agreement isn t adequately reflected in the contract. This can happen where a term has been recorded to be an instrument for imposing a term, but hasn t been done so properly so the courts will follow the instructions of the main contract to rectify the instrument so it is in line with the parties intention. i. The Former Position It used to be that there would be no contract until it was formally signed, a such a formal contract was necessary to justify rectification. The quote on the hand out Frederick E Rose (London) Ltd reflects this. Rectification could only be applied where the parties were in complete agreement on the terms of their contract but by error wrote them down wrong. ii. Revolution Joscelyne v Nissen This is the modern source of the common law Facts: A father and daughter discussed certain terms that the daughter would take over her father s business on the lower ground of a house in which she lived upstairs. The price was uncertain. They agreed there would be no contract until it was formally written down. There was no reference to coal, gas and oil being part of the daughters obligation. She did pay for them for some time but stopped when her father discovered she had moved downstairs (where he lived as she wanted him to move upstairs). The daughter argued she doesn t have to pay the amenities and there should be no rectification because there was no prior concluded oral agreement. The father argued that so long as they had agreed on a particular term and were minded the contract should contain such a term the contract should be rectified to reflect that. The father argued it shouldn t matter if the term wasn t part of the concluded oral agreement if it were so clearly agreed to.

Clause 5 sets out the grounds on which a Court may grant relief under the

Clause 5 sets out the grounds on which a Court may grant relief under the CONTRACTUAL MISTAKES BILL EXPLANATORY NOTE Tms Bill, which reforms the law relating to the effect of mistakes on contracts, implements the report of the Contract:s and Commercial Law Reform Committee presented

More information

Contractual Remedies Act 1979

Contractual Remedies Act 1979 Reprint as at 1 September 2017 Contractual Remedies Act 1979 Public Act 1979 No 11 Date of assent 6 August 1979 Commencement see section 1(2) Contractual Remedies Act 1979: repealed, on 1 September 2017,

More information

OVERVIEW OF CONTRACT LAW

OVERVIEW OF CONTRACT LAW OVERVIEW OF CONTRACT LAW Liability is generally the key issue in regards to contractual disputes. Purpose of K law is to provide the rules which determine when one party is liable to another under or in

More information

Torts & Contracts II

Torts & Contracts II LAWS5006 Torts & Contracts II Problem question scaffold Issue: some sort of error/mistake can the contract be set aside? CONTRACT SOLUTION When you think a mistake is present, first assess whether there

More information

64 Contractual Remedies 1979, No. 11

64 Contractual Remedies 1979, No. 11 64 Contractual Remedies 1979, No. 11 ANALYSIS 8. Rules applying to cancellation 'fitle 9. Power of Court to grant relief 1. Short Title and commencement 10. Recovery of damages 2. Interpretation 11. Assignees

More information

CONTRACT LAW IN THE SOUTH PACIFIC

CONTRACT LAW IN THE SOUTH PACIFIC CONTRACT LAW IN THE SOUTH PACIFIC Jennifer Corrin Care Senior Lecturer TC Beirne School of Law University of Queensland Cavendish Publishing Limited London Sydney CONTENTS Preface Table of Cases Table

More information

Note on the Cancellation of Refugee Status

Note on the Cancellation of Refugee Status Note on the Cancellation of Refugee Status Contents Page I. INTRODUCTION 2 II. GENERAL CONSIDERATIONS AND LEGAL PRINCIPLES 3 A. General considerations 3 B. General legal principles 3 C. Opening cancellation

More information

MISTAKE. (1) the other party to the contract knew or should have known of the mistake; or

MISTAKE. (1) the other party to the contract knew or should have known of the mistake; or MISTAKE Mistake of Fact: The parties entered into a contract with different understandings of one or more material facts relating to the contract s performance. Mutual Mistake: A mistake by both contracting

More information

CHAPTER 8: GENUINE AGREEMENT

CHAPTER 8: GENUINE AGREEMENT CHAPTER 8: GENUINE AGREEMENT GENUINE AGREEMENT AND RESCISSION A valid offer and valid acceptance generally results in an enforceable contract. If one of the parties used physical threats to acquire the

More information

Question 1: I read that a mentally impaired adult s contracts may be void or voidable. Which is it?

Question 1: I read that a mentally impaired adult s contracts may be void or voidable. Which is it? Question 1: I read that a mentally impaired adult s contracts may be void or voidable. Which is it? Answer 1: It depends. If a court of proper jurisdiction has found an adult to be non compos mentis, or

More information

Contents. Table of Statutes. Table of Secondary Legislation. Table of Cases. The Agreement to Contract

Contents. Table of Statutes. Table of Secondary Legislation. Table of Cases. The Agreement to Contract Contents Table of Statutes Table of Secondary Legislation Table of Cases Chapter 1: The Agreement to Contract 1.1 Introduction 1.2 Elements required for a valid simple contract 1.3 The phenomenon of agreement

More information

UNIDROIT PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS 2004 (I)

UNIDROIT PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS 2004 (I) UNIDROIT PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS 2004 (I) PREAMBLE (Purpose of the Principles) These Principles set forth general rules for international commercial contracts. They shall be applied

More information

AN INTRODUCTION TO THE LAW OF CONTRACT

AN INTRODUCTION TO THE LAW OF CONTRACT AN INTRODUCTION TO THE LAW OF CONTRACT P. S. ATIYAH Formerly Professor of English Law in the University of Oxford FIFTH EDITION CLARENDON PRESS OXFORD 1995 Contents Table of Cases i. The Development of

More information

Contract and Commercial Law Bill

Contract and Commercial Law Bill Recommendation Contract and Commercial Law Bill Government Bill As reported from the Justice and Electoral Committee Commentary The Justice and Electoral Committee has examined the Contract and Commercial

More information

TRUST LAW DIFC LAW NO.6 OF Annex A

TRUST LAW DIFC LAW NO.6 OF Annex A DIFC LAW NO.6 OF 2017 Annex A CONTENTS PART 1: GENERAL... 6 1. Title and repeal... 6 2. Legislative authority... 6 3. Application of the Law... 6 4. Scope of the Law... 6 5. Date of Enactment... 6 6. Commencement...

More information

CHAPTER 2 CONTRACT LAWS INDIAN CONTRACT ACT, A contract is an agreement made between two or more parties which the law will enforce.

CHAPTER 2 CONTRACT LAWS INDIAN CONTRACT ACT, A contract is an agreement made between two or more parties which the law will enforce. CHAPTER 2 CONTRACT LAWS INDIAN CONTRACT ACT, 1872 Definition of Contract A contract is an agreement made between two or more parties which the law will enforce. Sec 2(h) defines contract as an agreement

More information

CONTRACT LAW. Elements of a Contract

CONTRACT LAW. Elements of a Contract CONTRACT LAW Contracts: Types and Sources in Australia CONTRACT: An agreement concerning promises made between two or more parties with the intention of creating certain legal rights and obligations upon

More information

ARCHITECTS REGISTRATION COUNCIL SEMINARS

ARCHITECTS REGISTRATION COUNCIL SEMINARS ARCHITECTS REGISTRATION COUNCIL SEMINARS CONTRACT FORMATION FRED PHIRI ARCH.Bw May 27, 2017 1 Contents Legal Systems Legal Systems Examples Legal System Applications Civil Law Relationships Law of Obligations

More information

TURKS AND CAICOS ISLANDS TRUSTS BILL 2015 ARRANGEMENT OF CLAUSES

TURKS AND CAICOS ISLANDS TRUSTS BILL 2015 ARRANGEMENT OF CLAUSES TURKS AND CAICOS ISLANDS TRUSTS BILL 2015 ARRANGEMENT OF CLAUSES PART I PRELIMINARY CLAUSE 1. Short title and commencement 2. Interpretation 3. Meaning of insolvent 4. Meaning of personal relationship

More information

CLIFFORD CHANCE LIMITED LIABILITY PARTNERSHIP

CLIFFORD CHANCE LIMITED LIABILITY PARTNERSHIP CLIFFORD CHANCE LIMITED LIABILITY PARTNERSHIP SCXP/C1458/04790/HNM 16 February 2000 The Bond Market Association 40 Broad Street New York NY 10004-2373 USA Dear Sirs Cross-Product Master Agreement 1. INTRODUCTION

More information

TABLE OF CONTENTS. Preface... iii Preface to the First Edition... v Table of Cases... TC-1 Table of Statutes... TS-1

TABLE OF CONTENTS. Preface... iii Preface to the First Edition... v Table of Cases... TC-1 Table of Statutes... TS-1 TABLE OF CONTENTS PAGE Preface... iii Preface to the First Edition... v Table of Cases... TC-1 Table of Statutes... TS-1 PART I. INTRODUCTION... 1-17 CHAPTER 1. INTRODUCTION... 1 PART II. ENFORCEABILITY...

More information

a) The body of law as made by judges through the determination of cases. d) The system of law that emerged following the Norman Conquest in 1066.

a) The body of law as made by judges through the determination of cases. d) The system of law that emerged following the Norman Conquest in 1066. 1. Who of the following was NOT a proponent of natural law? a) Aristotle b) Jeremy Bentham c) St Augustine d) St Thomas Aquinas 2. The term 'common law' has three different meanings. Which of the following

More information

SAMOA INTERNATIONAL TRUSTS ACT (as amended, 2005) ARRANGEMENT OF SECTIONS PART I - PRELIMINARY PART II - LAWS APPLICABLE TO INTERNATIONAL TRUSTS

SAMOA INTERNATIONAL TRUSTS ACT (as amended, 2005) ARRANGEMENT OF SECTIONS PART I - PRELIMINARY PART II - LAWS APPLICABLE TO INTERNATIONAL TRUSTS 1. Short title and commencement 2. Interpretation 3. Application of Act SAMOA INTERNATIONAL TRUSTS ACT 1987 (as amended, 2005) ARRANGEMENT OF SECTIONS PART I - PRELIMINARY PART II - LAWS APPLICABLE TO

More information

CONTRACT LAW SUMMARY

CONTRACT LAW SUMMARY CONTRACT LAW SUMMARY LAWSKOOL UK CONTENTS INTRODUCTION TO CONTRACT LAW 6 DEFINITION OF CONTRACT LAW 6 1) The Classical Model of Contract Law 6 INTENTION TO CREATE LEGAL RELATIONS 8 INTRODUCTION TO INTENTION

More information

ST CHRISTOPHER AND NEVIS NEVIS ORDINANCES CHAPTER 7.03 (N) NEVIS INTERNATIONAL EXEMPT TRUST ORDINANCE

ST CHRISTOPHER AND NEVIS NEVIS ORDINANCES CHAPTER 7.03 (N) NEVIS INTERNATIONAL EXEMPT TRUST ORDINANCE Laws of Saint Christopher Cap 7.03 1 ST CHRISTOPHER AND NEVIS NEVIS ORDINANCES CHAPTER 7.03 NEVIS INTERNATIONAL EXEMPT TRUST ORDINANCE and subsidiary legislation Revised Edition showing the law as at 31

More information

7/23/2010. The. Contract. Sources of contractual obligations

7/23/2010. The. Contract. Sources of contractual obligations Law for Spatial Designers Introduction to the Law of Contract Module 3 Topic 1 Sources of contractual obligations Obligations imposed by law and equity The Contract Statutory obligations The obligations

More information

Contents. Table of Statutes. Table of Secondary Legislation. Table of Cases. The Agreement to Contract

Contents. Table of Statutes. Table of Secondary Legislation. Table of Cases. The Agreement to Contract Contents Table of Statutes Table of Secondary Legislation Table of Cases Chapter 1: The Agreement to Contract 1.1 Introduction 1.2 Elements required for a valid simple contract 1.3 The phenomenon of agreement

More information

TYPES OF MONETARY DAMAGES

TYPES OF MONETARY DAMAGES TYPES OF MONETARY DAMAGES A breach of contract entitles the non-breaching party to sue for money damages, including: Compensatory Damages: Damages that compensate the non-breaching party for the injuries

More information

WESTERN SAMOA. INTERNATIONAL TRUSTS ACT 1987 (Incorporating amendments to July 1991)

WESTERN SAMOA. INTERNATIONAL TRUSTS ACT 1987 (Incorporating amendments to July 1991) WESTERN SAMOA INTERNATIONAL TRUSTS ACT 1987 (Incorporating amendments to July 1991) This document is an unofficial compilation of the International Trusts Act 1987 as amended by the International Trusts

More information

Answer A to Question 1

Answer A to Question 1 Answer A to Question 1 The issue is whether Pat has a valid contract with Danco and whether Danco has breached such contract, and what damages Pat is entitled to as a result. Service Contract Contracts

More information

California Bar Examination

California Bar Examination California Bar Examination Essay Question: Contracts And Selected Answers The Orahte Group is NOT affiliated with The State Bar of California PRACTICE PACKET p.1 Question On April 1, Pat, a computer software

More information

Do you have a contract checklist? 3 How do you get out of the contract? 5. Remedies Checklist 12

Do you have a contract checklist? 3 How do you get out of the contract? 5. Remedies Checklist 12 Do you have a contract checklist? 3 How do you get out of the contract? 5 Hunter, Tercon, Bhasin. 5 Misrepresentation (voidable) 5 Mistake (void)(cl) 6 ( ) Test for rectification (Sylvan): 7 Duress 8 Undue

More information

CONTRACT LAW (2) Il est précisé que le thème «CONTRACT LAW» est abordé à travers 2 fiches, cette fiche étant la seconde. I. VALIDITY OF THE CONTRACT

CONTRACT LAW (2) Il est précisé que le thème «CONTRACT LAW» est abordé à travers 2 fiches, cette fiche étant la seconde. I. VALIDITY OF THE CONTRACT CONTRACT LAW (2) Il est précisé que le thème «CONTRACT LAW» est abordé à travers 2 fiches, cette fiche étant la seconde. Plan : I. VALIDITY OF THE CONTRACT II. LEGALITY OF THE SUBJECT MATTER III. REALITY

More information

Creation of the K a. Statute of Frauds land part performance one year debt 500 b. Offer master of the offer revoke mailbox rule absence of terms

Creation of the K a. Statute of Frauds land part performance one year debt 500 b. Offer master of the offer revoke mailbox rule absence of terms Contracts outline I. Creation of the K a. Statute of Frauds requires that a sufficient writing, signed by the party to be charged be in existence for the following subject-matter (doesn t apply to restitution

More information

9084 LAW. 9084/32 Paper 3 (Paper 3), maximum raw mark 75

9084 LAW. 9084/32 Paper 3 (Paper 3), maximum raw mark 75 CAMBRIDGE INTERNATIONAL EXAMINATIONS Cambridge International Advanced Level MARK SCHEME for the May/June 2015 series 9084 LAW 9084/32 Paper 3 (Paper 3), maximum raw mark 75 This mark scheme is published

More information

Define genuine agreement and rescission. Identify when duress occurs. Describe how someone may exercise undue influence.

Define genuine agreement and rescission. Identify when duress occurs. Describe how someone may exercise undue influence. Define genuine agreement and rescission Identify when duress occurs Describe how someone may exercise undue influence. Genuine Agreement/Assent: meeting of the minds Must be willful and voluntary Must

More information

FOUNDATIONS LAW CONTENTS

FOUNDATIONS LAW CONTENTS DIFC LAW NO. 3 OF 2018 CONTENTS PART 1: GENERAL... 1 1. Title... 1 2. Legislative authority... 1 3. Application of the Law... 1 4. Scope of the Law... 1 5. Date of enactment... 1 6. Commencement... 1 7.

More information

RC Steenkamp 24 April 2018

RC Steenkamp 24 April 2018 RC Steenkamp 24 April 2018 REFRESHER What are the essential elements of a legally binding contract? Contents of the contract? Express vs implied terms Type of implied terms? Conditions, warranties and

More information

Promissory Estoppel : Applicability on Govt - By Divya Bhargava Tuesday, 10 November :48 - Last Updated Wednesday, 11 November :01

Promissory Estoppel : Applicability on Govt - By Divya Bhargava Tuesday, 10 November :48 - Last Updated Wednesday, 11 November :01 The Doctrine of Promissory Estoppel is an equitable doctrine. This principle is commonly invoked in common law in case of breach of contract or against a Government. The doctrine is popularly called as

More information

6:06 PREVIOUS CHAPTER

6:06 PREVIOUS CHAPTER TITLE 6 Chapter 6:06 TITLE 6 PREVIOUS CHAPTER WILLS ACT Acts 13/1987, 2/1990, 21/1998, 22/2001. ARRANGEMENT OF SECTIONS Section 1. Short title. 2. Interpretation. 3. Application of Act. 4. Capacity to

More information

Principles of European Contract Law

Principles of European Contract Law Article 1:101: Application of the Principles Principles of European Contract Law CHAPTER 1: GENERAL PROVISIONS Section 1: Scope of the Principles (1) These Principles are intended to be applied as general

More information

THE ANTIGUA AND BARBUDA INTERNATIONAL EXEMPT TRUST ACT, 2004 TABLE OF CONTENTS PART 1 PRELIMINARY

THE ANTIGUA AND BARBUDA INTERNATIONAL EXEMPT TRUST ACT, 2004 TABLE OF CONTENTS PART 1 PRELIMINARY THE ANTIGUA AND BARBUDA INTERNATIONAL EXEMPT TRUST ACT, 2004 TABLE OF CONTENTS PART 1 PRELIMINARY 1. Short title 2. Definition and Interpretation 3. Validity of international trust 4. Proper law of international

More information

MARK SCHEME for the May/June 2007 question paper 9084 LAW

MARK SCHEME for the May/June 2007 question paper 9084 LAW UNIVERSITY OF CAMBRIDGE INTERNATIONAL EXAMINATIONS GCE Advanced Level MARK SCHEME for the May/June 2007 question paper 9084 LAW 9084/03 Paper 3, maximum raw mark 75 This mark scheme is published as an

More information

Arbitration Act 1996

Arbitration Act 1996 Arbitration Act 1996 An Act to restate and improve the law relating to arbitration pursuant to an arbitration agreement; to make other provision relating to arbitration and arbitration awards; and for

More information

Class B.Com. I Sem. (Hons.)

Class B.Com. I Sem. (Hons.) SYLLABUS Class B.Com. I Sem. (Hons.) Subject Business Regulatory Framework UNIT I UNIT II UNIT III UNIT IV UNIT V Contract Act 1872 Definition nature of contract, offer and acceptances capacity of parties

More information

CONTRACTS AND SALES QUESTION 1

CONTRACTS AND SALES QUESTION 1 CONTRACTS AND SALES QUESTION Peter responded to an advertisement placed by Della, a dentist, seeking a dental hygienist. After an interview, Della offered Peter the job and said she would either: () pay

More information

THE LAW RELATING TO GUARANTEES

THE LAW RELATING TO GUARANTEES THE LAW RELATING TO GUARANTEES ISBN 978-983-3519-16-3 Author: Nasser Hamid Binding: Softcover / 938 pages Publication Price: MYR 290.00 The law is stated as of March 31, 2009 CONTENTS CHAPTER ONE GUARANTEES

More information

CED: An Overview of the Law

CED: An Overview of the Law Torts BY: Edwin Durbin, B.Comm., LL.B., LL.M. of the Ontario Bar Part II Principles of Liability Click HERE to access the CED and the Canadian Abridgment titles for this excerpt on Westlaw Canada II.1.(a):

More information

Chinese Contract Law: A Brief Introduction. ZHANG Xuezhong. Assistant Professor of Law.

Chinese Contract Law: A Brief Introduction. ZHANG Xuezhong. Assistant Professor of Law. Chinese Contract Law: A Brief Introduction ZHANG Xuezhong Assistant Professor of Law zhangxuezhong@ecupl.edu.cn East China University of Politics and Law Overview 1. In General 2. Principles of Chinese

More information

MLL111- Exam Notes Contract Law (All Topics + Cases)

MLL111- Exam Notes Contract Law (All Topics + Cases) 1 MLL111- Exam Notes Contract Law (All Topics + Cases) 2 Contents Page Page 8: Formation of Contracts Offer and Acceptance Page 9: Acceptance Communication of Acceptance: Waiver Silence Page 10: Acceptance

More information

CONTRACTS. Miscellaneous applications of ACL for Contracts:! 6 PROMISSORY ESTOPPEL! Assumption! Detrimental Reliance!...

CONTRACTS. Miscellaneous applications of ACL for Contracts:! 6 PROMISSORY ESTOPPEL! Assumption! Detrimental Reliance!... CONTRACTS Miscellaneous applications of ACL for Contracts:! 6 PROMISSORY ESTOPPEL! 7 1. Assumption!... 7 2. Detrimental Reliance!... 7 3. Unconscionability!... 8 Remedy of Promissory Estoppel!... 8 PRIVITY!

More information

THE NEVIS INTERNATIONAL EXEMPT TRUST ORDINANCE, 1994 (as Amended, 2011) TABLE OF CONTENTS PART 1 PRELIMINARY

THE NEVIS INTERNATIONAL EXEMPT TRUST ORDINANCE, 1994 (as Amended, 2011) TABLE OF CONTENTS PART 1 PRELIMINARY THE NEVIS INTERNATIONAL EXEMPT TRUST ORDINANCE, 1994 (as Amended, 2011) TABLE OF CONTENTS PART 1 PRELIMINARY 1. Short title 2. Interpretation 3. Validity of international trust 4. Proper law of international

More information

PRIVATE INTERNATIONAL LAW : CONFLICT OF LAWS

PRIVATE INTERNATIONAL LAW : CONFLICT OF LAWS Arbitration under the Arbitration Act 1996 Aim: To provide a clear outline of the principal issues relating to the legally binding resolution of conflict of laws disputes via arbitration under the Arbitration

More information

Genuine Agreement (Genuine Assent)

Genuine Agreement (Genuine Assent) Chapter 7 Genuine Agreement (Genuine Assent) Business Law Ms. Turner Genuine Agreement (Genuine Assent) Agreement to enter into a contract that is evidenced by words or conduct between parties If there

More information

Table of Contents. The Authors 3. List of Abbreviations 13. Preface 15. General Introduction 17. Introduction to the Law of Contracts 27

Table of Contents. The Authors 3. List of Abbreviations 13. Preface 15. General Introduction 17. Introduction to the Law of Contracts 27 The Authors 3 List of Abbreviations 13 Preface 15 General Introduction 17 1. THE GENERAL BACKGROUND OF THE COUNTRY 17 I. Geography 17 II. Cultural Composition 17 III. Political History 18 IV. Political

More information

Contents. Table of cases. Introduction

Contents. Table of cases. Introduction Table of cases Contents Introduction 1. The Making of a Contract 17 The nature of contracts-unilateral and bi-lateral ` 18 The notion of offer and acceptance 18 The invitation to treat 19 Offers of sale

More information

CHAPTER INTERNATIONAL TRUST ACT

CHAPTER INTERNATIONAL TRUST ACT SAINT LUCIA CHAPTER 12.19 INTERNATIONAL TRUST ACT Revised Edition Showing the law as at 31 December 2008 This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority

More information

Article 6. Binding force of contract A contract validly entered into is binding upon the parties.

Article 6. Binding force of contract A contract validly entered into is binding upon the parties. Principles of Latin American Contract Law Chapter 1. Preamble Section 1. General provisions Article 1. Scope of Application (1) These principles set forth general rules applicable to domestic and international

More information

PORSCHE DESIGN SMARTPHONE FROM BLACKBERRY REPAIR SERVICE TERMS AND CONDITIONS (EU)

PORSCHE DESIGN SMARTPHONE FROM BLACKBERRY REPAIR SERVICE TERMS AND CONDITIONS (EU) PORSCHE DESIGN SMARTPHONE FROM BLACKBERRY REPAIR SERVICE TERMS AND CONDITIONS (EU) THESE PORSCHE DESIGN SMARTPHONE FROM BLACKBERRY REPAIR SERVICE TERMS AND CONDITIONS (THIS AGREEMENT ) FORM A LEGAL AGREEMENT

More information

Question If CapCo files a lawsuit against the Bears seeking damages for breach of contract, who is likely to prevail? Discuss.

Question If CapCo files a lawsuit against the Bears seeking damages for breach of contract, who is likely to prevail? Discuss. Question 2 CapCo sells baseball caps to youth leagues and recently approached two new teams, the Bears and the Lions. Uncertain how many caps the team would require, the Bears team manager signed a written

More information

The Consumer Protection from Unfair Trading Regulations 2008

The Consumer Protection from Unfair Trading Regulations 2008 The Consumer Protection from Unfair Trading Regulations 2008 as amended by the Consumer Protection (Amendment) Regulations 2014 PART 1 GENERAL 1. - Citation and commencement These Regulations may be cited

More information

COMM 393: COMMERCIAL LAW MIDTERM REVIEW SOLUTIONS BY: GABRIEL CHEUNG

COMM 393: COMMERCIAL LAW MIDTERM REVIEW SOLUTIONS BY: GABRIEL CHEUNG COMM 393: COMMERCIAL LAW MIDTERM REVIEW SOLUTIONS BY: GABRIEL CHEUNG TABLE OF CONTENT I. The Constitution Act & Charter of Rights and Freedoms II. Intent, Offer, Writing & Acceptance III. Consideration

More information

MARK SCHEME for the October/November 2013 series 9084 LAW

MARK SCHEME for the October/November 2013 series 9084 LAW CAMBRIDGE INTERNATIONAL EXAMINATIONS GCE Advanced Level MARK SCHEME for the October/November 2013 series 9084 LAW 9084/31 Paper 3, maximum raw mark 75 This mark scheme is published as an aid to teachers

More information

BLACKBERRY PLAYBOOK REPAIR SERVICE TERMS AND CONDITIONS (EU)

BLACKBERRY PLAYBOOK REPAIR SERVICE TERMS AND CONDITIONS (EU) BLACKBERRY PLAYBOOK REPAIR SERVICE TERMS AND CONDITIONS (EU) THESE BLACKBERRY PLAYBOOK REPAIR SERVICE TERMS AND CONDITIONS (THIS AGREEMENT ) FORM A LEGAL AGREEMENT BETWEEN YOU INDIVIDUALLY, OR IF YOU ARE

More information

BLACKBERRY PLAYBOOK REPAIR SERVICE TERMS AND CONDITIONS (EU)

BLACKBERRY PLAYBOOK REPAIR SERVICE TERMS AND CONDITIONS (EU) BLACKBERRY PLAYBOOK REPAIR SERVICE TERMS AND CONDITIONS (EU) THESE BLACKBERRY PLAYBOOK REPAIR SERVICE TERMS AND CONDITIONS (THIS AGREEMENT ) FORM A LEGAL AGREEMENT BETWEEN YOU INDIVIDUALLY, OR IF YOU ARE

More information

BLACKBERRY AUTHORIZED ONLINE RETAILER BLACKBERRY HANDHELD REPAIR SERVICE TERMS AND CONDITIONS

BLACKBERRY AUTHORIZED ONLINE RETAILER BLACKBERRY HANDHELD REPAIR SERVICE TERMS AND CONDITIONS BLACKBERRY AUTHORIZED ONLINE RETAILER BLACKBERRY HANDHELD REPAIR SERVICE TERMS AND CONDITIONS THESE BLACKBERRY AUTHORIZED ONLINE RETAILER BLACKBERRY HANDHELD REPAIR SERVICE TERMS AND CONDITIONS (THIS AGREEMENT

More information

REVIEW QUESTIONS TRUE/FALSE QUESTIONS (CIRCLE THE CORRECT ANSWER)

REVIEW QUESTIONS TRUE/FALSE QUESTIONS (CIRCLE THE CORRECT ANSWER) REVIEW QUESTIONS TRUE/FALSE QUESTIONS (CIRCLE THE CORRECT ANSWER) 1. T F When a court or legislature protects a class, this protection extends to all members of that class in every contractual transaction.

More information

California Bar Examination

California Bar Examination California Bar Examination Essay Question: Contracts And Selected Answers The Orahte Group is NOT affiliated with The State Bar of California PRACTICE PACKET p.1 Question Travelco ran a promotional advertisement

More information

Saint Lucia International Trusts Act (No. 15 of 2002) International Trust Act SAINT LUCIA. No. 15 of Arrangement of Sections

Saint Lucia International Trusts Act (No. 15 of 2002) International Trust Act SAINT LUCIA. No. 15 of Arrangement of Sections Page 1 1. Short title and commencement. 2. Interpretation. 3. Trusts, trustees and beneficiaries generally. 4. Application of Act. International Trust Act SAINT LUCIA No. 15 of 2002 Arrangement of Sections

More information

Contract Law Final Exam Version C

Contract Law Final Exam Version C Contract Law Final Exam Version C True/False Indicate whether the statement is true or false. 1. Compliance and excuse are valid defenses to a breach of contract action. 2. To have a constructive or implied

More information

QUESTION What contract rights and remedies, if any, does Olivia have against Juan? Discuss.

QUESTION What contract rights and remedies, if any, does Olivia have against Juan? Discuss. QUESTION 1 Olivia is a florist who specializes in roses. She has a five-year written contract with Juan to sell him as many roses as he needs for his wedding chapel. Over the past three years, Olivia sold

More information

University of Miami School of Law. CONTRACTS PROFESSOR ROBERT ROSEN Fall Syllabus 1

University of Miami School of Law. CONTRACTS PROFESSOR ROBERT ROSEN Fall Syllabus 1 University of Miami School of Law CONTRACTS PROFESSOR ROBERT ROSEN Fall 2007 Syllabus 1 [Unless otherwise indicated, all page # s refer to MACAULEY, ET.AL. CONTRACTS: LAW IN ACTION (2 ND ED., 2003)]. YOU

More information

California Bar Examination

California Bar Examination California Bar Examination Essay Question: Contracts And Selected Answers The Orahte Group is NOT affiliated with The State Bar of California PRACTICE PACKET p.1 Question Berelli Co., the largest single

More information

LEARNING UNIT 2: THE LAW OF CONTRACT

LEARNING UNIT 2: THE LAW OF CONTRACT LEARNING UNIT 2: THE LAW OF CONTRACT OBJECTIVES: Describe the essentials of a valid contract Explain the difference between a valid, void and voidable contract Explain the contractual capacity of minors

More information

Discharge of Contract Performance, Breach, Frustration Introduction

Discharge of Contract Performance, Breach, Frustration Introduction Discharge of Contract Performance, Breach, Frustration Introduction Discharge of a valid contract involves the process under which the primary (performance) obligations come to an end. Discharge by breach

More information

BLAW BUSINESS LAW, SECTION B3

BLAW BUSINESS LAW, SECTION B3 UNIVERSITY OF ALBERTA School of Business Department of Marketing, Business Economics and Law BLAW 301 - BUSINESS LAW, SECTION B3 Professor: Ivan Ivankovich Course Outline Class: TR 9:30-10:50 Term 2, Winter

More information

FRAUDULENT MISREPRESENTATION

FRAUDULENT MISREPRESENTATION FRAUDULENT MISREPRESENTATION Author: Nasser Hamid Binding: Softcover, 500 pages Publication Price: MYR 200.00 CONTENTS Chapter 1 STATEMENTS, REPRESENTATIONS AND FRAUD Representation Misrepresentation Fraudulent

More information

Arbitration Act of United Kingdom United Kingdom of Great Britain and Northern Ireland

Arbitration Act of United Kingdom United Kingdom of Great Britain and Northern Ireland Arbitration Act of United Kingdom United Kingdom of Great Britain and Northern Ireland (Royaume-Uni - Royaume-Uni de Grande-Bretagne et d'irlande du Nord) ARBITRATION ACT 1996 1996 CHAPTER 23 An Act to

More information

MBE WORKSHOP: CONTRACTS PROFESSOR LISA MCELROY DREXEL UNIVERSITY SCHOOL OF LAW

MBE WORKSHOP: CONTRACTS PROFESSOR LISA MCELROY DREXEL UNIVERSITY SCHOOL OF LAW MBE WORKSHOP: CONTRACTS PROFESSOR LISA MCELROY DREXEL UNIVERSITY SCHOOL OF LAW CHAPTER 1: CONTRACTS Editor's Note 1: The below outline is taken from the National Conference of Bar Examiners' website. NOTE:

More information

!"#$%&'(&)'*+%*+,& /G$+:'($"0B",E$"#'8E,",0"?$+%'9*,$"..."HH" I'('9B0+%*,'09"..."H>" ?E$")*+02"/4'&$9:$"#J2$"..."HK"

!#$%&'(&)'*+%*+,& /G$+:'($0B,E$#'8E,,0?$+%'9*,$...HH I'('9B0+%*,'09...H> ?E$)*+02/4'&$9:$#J2$...HK !#$%&'(&)'*+%*+,& #$%$&'$()*+,-...- /(,011$2...3 )+'4',5678$9:5*9&7(('89%$9,(;< +& )*+,'$(=...>?$+%(*9&@9,$+1+$,*,'09...A @9,$+1+$,*,'090BC09,+*:,(...-- )$+B0+%*9:$*9&?$+%'9*,'09...-3?$+%'9*,'09B0+D+$*:E...-F

More information

CONTRACTS COMPLETE EXAM NOTES

CONTRACTS COMPLETE EXAM NOTES CONTRACTS COMPLETE EXAM NOTES 1 2 LATIN TERMINOLOGY:... 11 1A. OFFER... 14 Offer... 14 RULES AS TO OFFER... 15 UNILATERAL CONTRACT... 15 BILATERAL CONTRACT... 15 OFFERS NEED TO BE DISTINGUISHED FROM THE

More information

Is there a contract?

Is there a contract? 1. te whether this transaction is governed by UCC or the Restatement. 2. Does the Statute of Frauds apply? The contract must be in writing if it is in regard to land, if by its nature it takes more than

More information

LEVEL 4 - UNIT 1 CONTRACT LAW SUGGESTED ANSWERS JANUARY 2015

LEVEL 4 - UNIT 1 CONTRACT LAW SUGGESTED ANSWERS JANUARY 2015 Note to Candidates and Tutors: LEVEL 4 - UNIT 1 CONTRACT LAW SUGGESTED ANSWERS JANUARY 2015 The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students

More information

Table of Contents. Preface... Table of Cases...

Table of Contents. Preface... Table of Cases... Table of Contents Preface... Table of Cases... v xiii Chapter 1 The Sources of the Law... 1 1. Statutory... 1 2. Non-statutory... 6 Chapter 2 The Contract of Sale of Goods... 9 1. Definition... 9 (1) Purchase...

More information

MARK SCHEME for the October/November 2015 series 9084 LAW. 9084/31 Paper 3, maximum raw mark 75

MARK SCHEME for the October/November 2015 series 9084 LAW. 9084/31 Paper 3, maximum raw mark 75 CAMBRIDGE INTERNATIONAL EXAMINATIONS Cambridge International Advanced Level MARK SCHEME for the October/November 2015 series 9084 LAW 9084/31 Paper 3, maximum raw mark 75 This mark scheme is published

More information

CLIFFORD CHANCE LIMITED LIABILITY PARTNERSHIP

CLIFFORD CHANCE LIMITED LIABILITY PARTNERSHIP CLIFFORD CHANCE LIMITED LIABILITY PARTNERSHIP SCXP/C1458/04790/HNM 16 February 2000 The Bond Market Association 40 Broad Street New York NY 10004-2373 USA Dear Sirs Cross-Product Master Agreement 1. INTRODUCTION

More information

An Introduction to the Law of CONTRACT STEPHEN GRAW

An Introduction to the Law of CONTRACT STEPHEN GRAW An Introduction to the Law of CONTRACT by STEPHEN GRAW B.Com., LL.B. (Qld) Solicitor of the Supreme Court of Queensland Associate Professor of Business Law, James Cook University of North Queensland SECOND

More information

BAREXAMDOCTOR.COM UNLIMITED ESSAYS AND PTS ONLINE! ESSAY APPROACH. Bar Exam Doctor. CONTRACTS ESSAY

BAREXAMDOCTOR.COM UNLIMITED ESSAYS AND PTS ONLINE! ESSAY APPROACH. Bar Exam Doctor.   CONTRACTS ESSAY ESSAY APPROACH www.barexamdoctor.com CONTRACTS ESSAY I. DOES THE UCC APPLY? a. The UCC governs all Ks for the sale of goods b. The UCC also has special rule governing transactions between merchants c.

More information

BUILDING SERVICES CORPORATION ACT 1989 Na 147

BUILDING SERVICES CORPORATION ACT 1989 Na 147 BUILDING SERVICES CORPORATION ACT 1989 Na 147 NEW SOUTH WALES 1. Short title 2. Commencement 3. Definitions TABLE OF PROVISIONS PART 1 - PRELIMINARY PART 2 - REGULATION OF RESIDENTIAL BUILDING WORK AND

More information

Unjust enrichment? Bank secures equitable charge where it failed to get a legal charge: Menelaou v Bank of Cyprus [2015] UKSC 66

Unjust enrichment? Bank secures equitable charge where it failed to get a legal charge: Menelaou v Bank of Cyprus [2015] UKSC 66 Unjust enrichment? Bank secures equitable charge where it failed to get a legal charge: Menelaou v Bank of Cyprus [2015] UKSC 66 1. The decision of the Supreme Court in Menelaou v Bank of Cyprus UK Ltd

More information

As amended to Printed by Authority of Nevis Island Adminstration MERIDIAN TRUST COMPANY

As amended to Printed by Authority of Nevis Island Adminstration MERIDIAN TRUST COMPANY the Nevis international Exempt Trust Ordinance 1994 As amended to 2002 Printed by Authority of Nevis Island Adminstration MERIDIAN TRUST COMPANY the Nevis International Exempt Trust Ordinance 1994 As amended

More information

Act 17 Trademarks Act 2010

Act 17 Trademarks Act 2010 ACTS SUPPLEMENT No. 7 3rd September, 2010. ACTS SUPPLEMENT to The Uganda Gazette No. 53 Volume CIII dated 3rd September, 2010. Printed by UPPC, Entebbe, by Order of the Government. Act 17 Trademarks Act

More information

TITLE 7 CONTRACTS TABLE OF CONTENTS

TITLE 7 CONTRACTS TABLE OF CONTENTS TITLE 7 CONTRACTS TABLE OF CONTENTS CHAPTER 7.01 General Provisions 7.0101 Definition 1 7.0102 Essential elements of a contract 1 7.0103 Law of place applied to contracts 1 7.0104 Time of performance 1

More information

Case 2:18-cv RLR Document 25 Entered on FLSD Docket 02/06/2019 Page 1 of 7 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case 2:18-cv RLR Document 25 Entered on FLSD Docket 02/06/2019 Page 1 of 7 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case 2:18-cv-14419-RLR Document 25 Entered on FLSD Docket 02/06/2019 Page 1 of 7 GEICO MARINE INSURANCE COMPANY, et al., v. Plaintiffs, TREASURE COAST MARITIME, INC., doing business as SEA TOW TREASURE

More information

LAWS 1072: CONTRACTS

LAWS 1072: CONTRACTS LAWS1072- CONTRACTS 2- EXAM NOTES: LAWS 1072: CONTRACTS 2 Semester 2 2010 1 LAWS1072- CONTRACTS 2- EXAM NOTES: 2 LAWS1072- CONTRACTS 2- EXAM NOTES: CONSTRUCTION: 1. Express terms: a. Statements made during

More information

Arbitration Act CHAPTER Part I. Arbitration pursuant to an arbitration agreement. Introductory

Arbitration Act CHAPTER Part I. Arbitration pursuant to an arbitration agreement. Introductory Arbitration Act 1996 1996 CHAPTER 23 1 Part I Arbitration pursuant to an arbitration agreement Introductory 1. General principles. 2. Scope of application of provisions. 3. The seat of the arbitration.

More information

The Objective Principle of a Promise... 2 Intention to Create Legal Relations... 4 Offer and Acceptance... 5

The Objective Principle of a Promise... 2 Intention to Create Legal Relations... 4 Offer and Acceptance... 5 1 Contents The Objective Principle of a Promise... 2 Intention to Create Legal Relations... 4 Offer and Acceptance... 5 Offer vs. Invitation to Treat... 5 Termination/Lapse of Offer... 6 Acceptance of

More information

9084 LAW 9084/32 Paper 3, maximum raw mark 75

9084 LAW 9084/32 Paper 3, maximum raw mark 75 UNIVERSITY OF CAMBRIDGE INTERNATIONAL EXAMINATIONS GCE Advanced Level MARK SCHEME for the May/June 2011 question paper for the guidance of teachers 9084 LAW 9084/32 Paper 3, maximum raw mark 75 This mark

More information

Question 2. Delta has not yet paid for any of the three Model 100 presses despite repeated demands by Press.

Question 2. Delta has not yet paid for any of the three Model 100 presses despite repeated demands by Press. Question 2 Delta Print Co. ( Delta ) ordered three identical Model 100 printing presses from Press Manufacturer Co. ( Press ). Delta s written order form described the items ordered by model number. Delta

More information

Contracts Professor Keith A. Rowley William S. Boyd School of Law University of Nevada Las Vegas Spring Contract Terms

Contracts Professor Keith A. Rowley William S. Boyd School of Law University of Nevada Las Vegas Spring Contract Terms Contracts Professor Keith A. Rowley William S. Boyd School of Law University of Nevada Las Vegas Contract Terms I. Construing and Interpreting Contracts A. Purpose: A court s primary concern is to ascertain

More information