Contents. Table of Statutes. Table of Secondary Legislation. Table of Cases. The Agreement to Contract
|
|
- Ambrose Long
- 5 years ago
- Views:
Transcription
1 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 1.4 Offer Offers and invitations to treat Pre-contract negotiations Advertisements Displays of goods for sale Mechanised sales: vending machines and websites Running a bus service 1.5 Auctions and tenders Auction sales Tenders 1.6 Communication of offers 1.7 Ending an offer Revocation Communication of a revocation Unilateral contracts and revocation Lapse of time Death Failure of a condition precedent 1.8 Acceptance The fact of acceptance Qualified acceptance and counter-offers Requests for information compared with counter-offers The battle of the forms Certainty Communication of acceptance Silence Acceptance by post the postal rule Which rule on acceptance applies to instantaneous and near instantaneous forms of communication? Contracts concluded by shrink wrap, click wrap or browse wrap Confusing communications Cross-offers Revocation of posted acceptance 1.9 Acceptance: a summary Contract formation: a summary 1.10 Summary i
2 Chapter 2: Consideration 2.1 Introduction 2.2 Types of consideration 2.3 Consideration must move from the promisee 2.4 Consideration must be of some value Adequacy of consideration 2.5 Insufficiency of consideration Past consideration Evasions of the past consideration rule Performance of existing duties Public duty imposed by law Where the claimant is under a pre-existing contractual duty to the defendant Where the claimant is under a pre-existing contractual duty to a third party Summary of performance of existing duties Part payment of a debt The rule at common law Promissory estoppel Compositions with creditors Payment by third parties 2.6 Summary Chapter 3: Intention to Create Legal Relations 3.1 Introduction 3.2 Social and domestic arrangements Husband and wife Children and parents Other social arrangements 3.3 Commercial agreements 3.4 Cases in which the existence of an intention to create legal relations is denied by the courts or by statute 3.5 Letters of comfort 3.6 Capacity to contract 3.7 Summary Chapter 4: Terms of a Contract 4.1 Introduction 4.2 Express terms Oral contracts Written contracts: the parol evidence rule Incorporation of statements as terms of a contract Timing Importance of the terms Reduction of terms to writing Special knowledge/skills 4.3 Interpretation 4.4 Terms implied by the courts Terms implied as fact/the officious bystander test Terms implied by law 4.5 Terms implied by statute ii
3 4.5.1 The Sale of Goods Act 1979 and Supply of Goods and Services Act Implied terms as to right to sell: commercial sales under s12 Sale of Goods Act The goods must correspond with their description: commercial sales under s13 Sale of Goods Act The quality obligations for commercial transactions under ss14(2) and 14(3) Sale of Goods Act Sale by sample: commercial transactions (s15 Sale of Goods Act 1979) The Consumer Rights Act Implied terms, the trader s right to supply the goods: consumer sales under s17 Consumer Rights Act The goods to be as described: consumer sales under s11 Consumer Rights Act Satisfactory quality and fitness for purpose: consumer sales under ss9 10 Consumer Rights Act Sale by sample: commercial transactions (ss13 14 Consumer Rights Act 2015) Digital content (ss33 47 Consumer Rights Act 2015) Supply of services Consumer rights remedies Excluding the statutory implied terms from contracts 4.6 Terms implied by custom 4.7 The classification of terms conditions and warranties Conditions Warranties Innominate or intermediate terms How to classify terms 4.8 Summary Chapter 5: Exemption Clauses and Unfair Terms 5.1 Introduction 5.2 A term of the contract? Signature Notice The nature of the document Degree of notice Onerousness of the clause Time the notice was given Previous course of dealing 5.3 Construction of exemption clauses The contra proferentem rule Negligence Seriousness of the breach Common law reasons for failure Misrepresentation Third parties 5.4 Statutory controls: Unfair Contract Terms Act Scope of the Act Negligence: definition Terms made totally ineffective Terms subject to the test of reasonableness The requirement of reasonableness iii
4 Secondary contracts s13 clauses Summary of the Unfair Contract Terms Act Unfair terms under the Consumer Rights Act Summary Chapter 6: Misrepresentation 6.1 Introduction 6.2 Proving misrepresentation The statement must be false There must be a statement silence cannot constitute a misrepresentation Half-truths Change of circumstances Contracts uberrimae fidei (of the utmost good faith) Fiduciary relationships The misrepresentation must be one of fact Statements of opinion Statements of intention The misrepresentation must have induced the contract 6.3 Liability for third party statements 6.4 The types of misrepresentation Fraudulent misrepresentation Non-fraudulent ( negligent ) misrepresentation under the Misrepresentation Act Innocent misrepresentation 6.5 Remedies for misrepresentation Rescission How rescission works Loss of right to rescind Indemnity s2(2) Misrepresentation Act Example of rescission Damages Tortious nature of damages in misrepresentation Fraudulent misrepresentation s2(1) Misrepresentation Act Innocent misrepresentation 6.6 Exclusion of liability for misrepresentations 6.7 Summary Chapter 7: Duress and Undue Influence 7.1 Introduction 7.2 Duress at common law The development of the doctrine Economic duress 7.3 The effects of duress 7.4 The equitable notion of undue influence Actual undue influence Undue influence where a relationship of trust and confidence exists Undue influence exercised by a third party iv
5 7.4.4 The effects of undue influence and bars to relief Restoring the parties to their original position (restitutio in integrum) is impossible Affirmation Delay Third party rights 7.5 Inequality of bargaining power and unconscionability 7.6 Statutory protection afforded to consumers 7.7 Summary Chapter 8: Illegality 8.1 Introduction 8.2 Contracts to commit a crime 8.3 Contracts to commit a civil wrong 8.4 Subject matter ordered for an unlawful purpose 8.5 Unlawful manner of performance 8.6 Contracts to indemnify against liability for unlawful acts Criminal liability Civil liability 8.7 Contracts contrary to public policy Contracts tending to lead to corruption in public life Contracts promoting sexual immorality Contracts prejudicial to the administration of justice Trading with the enemy Contracts relating to matrimonial matters Contracts for future separation Contracts in restraint of marriage Marriage brokerage contracts Contracts to oust the jurisdiction of the courts 8.8 Contracts restricting personal liberty 8.9 Contracts in restraint of trade The test of reasonableness Reasonableness as between the parties Reasonableness in respect of the public interest Other factors potentially affecting reasonableness Different types of covenant Covenants between employers and employees Sale of a business Solus agreements and restrictive trading agreements Other agreements 8.10 The effects of illegality The intention of the parties Guilty parties Innocent parties Contracts unlawful per se Recovery of money or property Withdrawal from the illegal contract The statutory authorisation of restitution Parties not in pari delicto (equally wrong) Restitution without reliance on the illegal contract v
6 8.11 Severance The blue pencil test The illegal part must not be the main consideration The severance must not alter the agreement 8.12 Summary Chapter 9: Privity of Contract 9.1 Introduction 9.2 The general rule 9.3 Exceptions: third party rights Contracts (Rights of Third Parties) Act Collateral contracts Statutes Married Women s Property Act Road Traffic Act Bills of Exchange Act Companies Act Third Parties (Rights against Insurers) Act Equity Damages on behalf of another The law of agency s56 Law of Property Act Exceptions: third party obligations Obligations concerning land Freehold land Leasehold land Obligations concerning personal property (chattels) Privity and exemption/exclusion clauses 9.5 Summary Chapter 10: Discharge of Contract 10.1 Introduction 10.2 Discharge by performance: terms of the contract Severable contracts or obligations Voluntary acceptance of partial performance and partial payment a quantum meruit Substantial performance Wrongful prevention of performance by the promisee Tender of performance Time of performance 10.3 Discharge by agreement Bilateral discharge Accord and satisfaction Rescission Variation Waivers Provision in the contract for discharge Unilateral discharge 10.4 Discharge by breach Repudiation contrasted with affirmation Anticipatory breach 10.5 Discharge by frustration The development of the doctrine vi
7 Limitations on the scope of the doctrine Unforseen by the parties Not due to the fault of either party Renders further performance impossible, illegal or makes it radically different from that contemplated by the parties at the time of the contract Examples of possible frustrating events Subject matter destroyed Subject matter unavailable Impossibility of stipulated method of performance Failure of a specific event Supervening illegality Leases Delay The effects of frustration at common law The Law Reform (Frustrated Contracts) Act Right to recover money paid Performance conferring a valuable benefit Other considerations in relation to the Law Reform (Frustrated Contracts) Act Summary of the effects of frustration 10.6 Summary Chapter 11: Damages for Breach of Contract 11.1 Introduction 11.2 Causation 11.3 Aim of damages in contract law 11.4 Damages: remoteness of damage 11.5 Quantum of damages: general principles Quantifying a lost bargain Expectation Loss Reliance loss Restitutionary damages Recovery of the price in restitution Time for assessment of loss The market value rules Market value: seller at fault Market value: buyer at fault The effect of taxation Speculative damages 11.6 Damages for non-pecuniary losses and the consumer surplus 11.7 Restitutionary damages 11.8 Mitigation of loss 11.9 Contributory negligence Liquidated damages and penalties Summary Chapter 12: Other Remedies for Breach of Contract 12.1 Introduction 12.2 Deposits and part-payments 12.3 Equitable remedies Specific performance vii
8 Effect of a decree of specific performance on other remedies Mutuality Specific performance in particular situations Defences to specific performance Injunctions Restrictions 12.4 Damages in equity: Chancery Amendment Act 1858 (Lord Cairns Act) Measure of damages under s50 Senior Courts Act Limitation of actions: basic rules Fraud and mistake Disabilities and minors 12.6 Summary Answers to Self-assessment Questions Index viii
9 2017 Copyright CILEx Law School Limited All materials included in this CLS publication are copyright protected. All rights reserved. Any unauthorised reproduction or transmission of any part of this publication, whether electronically or otherwise, will constitute an infringement of copyright. No part of this publication may be lent, resold or hired out for any purpose without the prior written permission of CILEx Law School Ltd. WARNING: Any person carrying out an unauthorised act in relation to this copyright work may be liable to both criminal prosecution and a civil claim for damages. This publication is intended only for the purpose of private study. Its contents were believed to be correct at the time of publication or any date stated in any preface, whichever is the earlier. This publication does not constitute any form of legal advice to any person or organisation. CILEx Law School Ltd will not be liable for any loss or damage of any description caused by the reliance of any person on any part of the contents of this publication. Published in 2017 by: CILEx Law School Ltd College House Manor Drive Kempston Bedford United Kingdom MK42 7AB British Library Cataloguing in Publication Data A catalogue record for this manual is available from the British Library. ISBN
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 informationCONTRACT 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 informationAN 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 informationTABLE 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 informationANSON S LAW OF CONTRACT. 29th Edition SIR JACK BEATSON
ANSON S LAW OF CONTRACT 29th Edition SIR JACK BEATSON DCL, LLD, FBA A Justice of the High Court, Queen's Bench Division sometime Rouse Ball Professor of English Law, University of Cambridge ANDREW BURROWS
More informationAn 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 informationMLL111- 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 informationSample. Aims of this Chapter. 2.1 Introduction
Chapter 2: Consideration Outline 2.1 Introduction 2.2 Types of consideration 2.3 Consideration must move from the promisee 2.4 Consideration must be of some value 2.5 Insufficiency of consideration 2.6
More informationCONTRACT 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 informationContents. Table of Statutes. Table of Secondary Legislation. Table of Cases. Introduction to the Law of Succession. The Mind of the Testator
Contents Table of Statutes Table of Secondary Legislation Table of Cases Chapter 1: Introduction to the Law of Succession 1.1 Succession 1.2 Technical terms 1.3 Property that wills or the intestacy rules
More informationSample. 2.1 Introduction. 2.2 Types of consideration
Chapter 2: Consideration Outline 2.1 Introduction 2.2 Types of consideration 2.3 Consideration must move from the promisee 2.4 Consideration must be of some value 2.5 Summary 2.1 Introduction As noted
More informationContents. Table of Statutes. Table of Secondary Legislation. Table of Cases. General Principles of Liability
Contents Table of Statutes Table of Secondary Legislation Table of Cases Chapter 1: General Principles of Liability 1.1 Introduction 1.2 Interests protected 1.3 The mental element in tort 1.3.1 Malice
More informationApplied Business Law. Syllabus
Applied Business Law Syllabus Applied Business Law Module outline and aims The module provides a general framework of the legal principles underpinning business law, as appropriate to the role of the Chartered
More informationOVERVIEW 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 informationTable 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 informationCONTRACT 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 informationBAREXAMDOCTOR.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 informationContents PART 1: CRIMINAL LIABILITY. Table of Statutes. Table of Secondary Legislation. Table of Cases
Contents Table of Statutes Table of Secondary Legislation Table of Cases PART 1: CRIMINAL LIABILITY Chapter 1: Fundamental Principles of Criminal Liability 1: Actus Reus 1.1 Introduction 1.2 Conduct as
More informationCONTRACTS 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 informationChapter 2: Negligence: The Duty of Care General Principles and Public Policy
Chapter 2: Negligence: The Duty of Care General Principles and Public Policy Outline 2.1 Introduction 2.2 Donoghue v Stevenson [1932] 2.3 The three-stage test: foreseeability, proximity and fair, just
More informationBLAW 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 informationSample. Aims of this Chapter
Chapter 2: Acts of Parliament Outline 2.1 Introduction 2.2 Names of Acts 2.3 Date of Royal Assent 2.4 Using the Contents page of the Act in www.legislation.gov.uk 2.5 Commencement 2.6 Repeals and revocations
More informationCONTENTS. PART ONE Introduction 1. Preface Abbreviations Table of cases Table of legislation. vii xxi xxix liii
Preface Abbreviations Table of cases Table of legislation vii xxi xxix liii PART ONE Introduction 1 CHAPTER 1 THE EXTENT AND ROLE OF EUROPEAN CONTRACT LAW 3 1.1 European contract law 3 1.1.A Introduction
More informationPART 2: THE EUROPEAN CONVENTION ON HUMAN RIGHTS. The Human Rights Act 1998 and the Criminal Justice System
PART 2: THE EUROPEAN CONVENTION ON HUMAN RIGHTS Chapter 2: The Human Rights Act 1998 and the Criminal Justice System Outline 2.1 Introduction 2.2 The European Convention on Human Rights the essential background
More informationINDEX. [References are to paragraph numbers] ABSURDITY, AVOIDANCE OF, 334 ABUSE OF RIGHTS. See GOOD FAITH ACCELERATION CLAUSE, 457 ACCEPTANCE
INDEX [References are to paragraph numbers] ABSURDITY, AVOIDANCE OF, 334 ABUSE OF RIGHTS. See GOOD FAITH ACCELERATION CLAUSE, 457 ACCEPTANCE after death. See DEATH auction, in, 32-35 communication of,
More informationFRAUDULENT 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 informationBritish Citizenship and the Right of Abode. 2.8 The right of abode and non-british 2.3 Becoming a British citizen on
Chapter 2: British Citizenship and the Right of Abode Outline 2.1 Introduction 2.6 Exceptions 2.2 The position before the British Nationality 2.7 Other categories of British nationality Act 1981 2.8 The
More informationLEVEL 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 informationChapter 9: Contract Formation. Copyright 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning.
Chapter 9: Contract Formation a Copyright part of South-Western 2009 South-Western Cengage Legal Learning. Studies Business, Introduction is a declaration that something will or will not happen in the
More informationa) 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 informationThe Law of Contract in South Africa
The Law of Contract in South Africa FIFTH EDITION by RH CHRISTIE QC MA LLB (Cantab) FCIArb FAArb President, Association of Arbitrators (Southern Africa) Honorary Professorial Research Associate, University
More informationTable 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 informationARCHITECTS 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 informationTHE 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 informationCONTRACTS. 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 informationBUSINESS AND CORPORATE LAW NOV 2010
BUSINESS AND CORPORATE LAW NOV 2010 SOLUTION 1 a) Limitation of actions requires that since there must be an end to litigation, certain classes of lawsuits must be brought within a fixed period of time,
More informationUniversity 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 informationMISTAKE. (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 informationSimple. CONTRACTS & UCC Outline. NINETY PERCENT of the LAW in NINETY PAGES. Tim Tyler, Ph.D., Attorney at Law
NAILING THE BAR Simple CONTRACTS & UCC Outline Tim Tyler, Ph.D., Attorney at Law NINETY PERCENT of the LAW in NINETY PAGES NAILING THE BAR Simple CONTRACTS & UCC Outline Table of Contents CHAPTER 1: CONTRACT
More informationContents. Foreword by Professor Andrew Robertson Preface xvii Table of cases xix Table of statutes lvi
Contents Foreword by Professor Andrew Robertson Preface xvii Table of cases xix Table of statutes lvi v I Introduction 1 I Why have a book on remedies? 1 II What is a remedy? 2 A Monism and dualism 4 B
More informationContractual 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 informationSOLUTION BUSINESS AND CORPORATE LAW MAY 2011
QUESTION 1 (a) i. A condition is a fundamental term which goes to the root of the contract. It breach entitles the injured party to treat himself as discharged from the contract as well as giving himself
More informationIndex. References are to sections.
Index References are to sections. A Abandonment Anticipatory breach or repudiation, ground for, 12.35 Damages, 12.35, 14.3 Distinguished from rescission, 14.3 Material breach, ground for, 12.37 Mutual,
More informationThe Nature and Sources of UK Constitutional Law. Aims of this Chapter. Sample
Chapter 2: The Nature and Sources of UK Constitutional Law Outline 2.1 Introduction 2.2 Parliamentary sovereignty 2.3 Rule of law 2.4 Separation of powers 2.5 Sources of constitutional law 2.6 Summary
More informationA. SOURCES OF THE LAW
COURSE: Business Law GRADE(S): 9-12 UNIT: Basics of Law NATIONAL STANDARDS Achievement Standard: Analyze the relationship between ethics and the law and describe sources of the law, the structure of the
More informationChapter XIX EQUITY CONDENSED OUTLINE
Chapter XIX EQUITY CONDENSED OUTLINE I. NATURE AND SCOPE OF EQUITY B. Equitable Maxims and Other General Doctrines. C. Marshaling Assets. II. SPECIFIC PERFORMANCE OF CONTRACTS B. When Specific Performance
More informationUNIT I INDIAN CONTRACT ACT, 1872
CONTENTS About the Author I-5 Preface to Sixth Edition I-7 Syllabus I-9 Chapter-heads I-13 List of Cases I-31 UNIT I INDIAN CONTRACT ACT, 1872 1 ICA, 1872 : NATURE, MEANING, ESSENTIALS AND KINDS OF CONTRACT
More informationCOURSE OUTLINE. Business Administration 120 (C-ID Number: BUS 125) Business Law I (C-ID Title: Business Law)
Degree Applicable Glendale Community College May 2014 COURSE OUTLINE Business Administration 120 (C-ID Number: BUS 125) Business Law I (C-ID Title: Business Law) I. Catalog Statement Business Administration
More informationMBE 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 informationCHAPTER 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 informationCreation 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 informationGenuineness of Assent
Genuineness of Assent A party who demonstrates that she did not genuinely assent to the terms of a contract may avoid an otherwise valid contract. Genuine assent may be lacking due to mistake, fraudulent
More informationChinese 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 informationPART 1: EVOLUTION OF THE EUROPEAN UNION PART 2: INSTITUTIONAL STRUCTURE AND LAW MAKING
Contents Table of European Union Treaties Table of European Union Secondary Legislation Table of UK Primary and Secondary Legislation Table of European Cases Table of UK, French, German and US Cases PART
More informationContents. Table of Statutes. Table of Secondary Legislation. Table of Cases. Introducing Immigration Law. British Citizenship and the Right of Abode
Contents Table of Statutes Table of Secondary Legislation Table of Cases Chapter 1: Introducing Immigration Law 1.1 Introduction 1.2 Historical summary 1.2.1 Aliens 1.2.2 Controls on Commonwealth citizens
More information64 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 informationContract 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 informationSample. Aims of this Chapter. 2.1 Introduction. Outline
Chapter 2: The Duty of Care Outline 2.1 Introduction 2.2 The neighbour test 2.3 The three-stage test from Caparo Industries plc v Dickman [1990] 2.4 The role of public policy 2.5 Psychological/psychiatric
More informationFormation 1 / Certificate in Business and Accounting.
Formation 1 / Certificate in Business and Accounting. Business laws & Professional Ethics: MCQ Self - Assessment Questions 1 1. The Irish Constitution can only be amended by: a) The People b) The President
More informationClass 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 informationTITLE 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 informationA breach of contract occurs where a party does not comply with one or more of the terms of contract, express or implied.
CITY UNIVERSITY OF HONG KONG Breach and Remedy Refer to Richards, P. Law of Contract Chapters 16-18 Uff, J. Construction Law 9 th Edition Chapter 9 BREACH OF CONTRACT A breach of contract occurs where
More informationTable of Contents. CHAPTER 1 INTRODUCTION by Eugenia G. Carter. I. Scope [ 1.1]
Table of Contents CHAPTER 1 INTRODUCTION by Eugenia G. Carter I. Scope [ 1.1] II. Background [ 1.2] A. Definition of a Contract [ 1.3] B. Freedom of Contract [ 1.4] III. Sources of Contract Law [ 1.5]
More informationActivity to Develop and Demonstrate Competence. Describe the different categories of law
Paper 6 Hong Kong Business Law Aim This paper aims at providing students with an awareness of the overall legal framework in which business in Hong Kong operates and at enabling them to apply the relevant
More informationTHE LAW OF CONTRACT REMEDIES FOR BREACH. Towards Codification of Israeli Civil Law
GABRIELA SHALEV YEHUDA ADAR THE LAW OF CONTRACT REMEDIES FOR BREACH Towards Codification of Israeli Civil Law GABRIELA SHALEV YEHUDA ADAR THE LAW OF CONTRACT REMEDIES FOR BREACH Towards Codification of
More informationIs 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 informationStudy Notes & Practice Questions. Updated 2018 Exams
Orea Real Estate Exam Course Study Notes & Practice Questions Updated 2018 Exams All rights reserved. No part of this publication may be reproduced, transmitted or stored in any material form (including
More informationDo 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 informationSpring 2018 Business Law Fundamentals O'Hara 2018 D
Page 1 of 7 as your signature PRINT your name EXAM #2 Business Law Fundamentals LAWS 3930 sections -001, -002-003 Chapters 1-4, 24, 6, 7, 9-19 INSTRUCTIONS: 1. Affix your printed name as your signature
More informationIntroduction to Contract Law
Introduction to Contract Law Introduction to Contract Law Acknowledgments Writer: Editor: Word processing & Graphics: Alicia Hutton, Mandy Welling REIT Professional Development Departments Version Number:
More informationCOMM 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 informationLEVEL 3 - UNIT 2 CONTRACT LAW SUGGESTED ANSWERS - JUNE 2013
Note to Candidates and Tutors: LEVEL 3 - UNIT 2 CONTRACT LAW SUGGESTED ANSWERS - JUNE 2013 The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students
More informationUNIT 2 - CONTRACT LAW. Suggested Answers January 2009
Note to Candidates and Tutors: UNIT 2 - CONTRACT LAW Suggested Answers January 2009 The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students should
More informationINTERPRETATION OF CONTRACTS
INTERPRETATION OF CONTRACTS ISBN 978-98-3519-11-8 Author: Hamid Ibrahim Binding: Softcover/Extent: 532 pp Publication Price: MYR 210.00 The law is stated as of February 1, 2008 PRINCIPLES & CANONS OF CONSTRUCTION
More information1 of 5 8/27/2014 2:11 PM Units: Teacher: LawandJustice, CORE Course: LawandJustice Year: 2012-13 Constitutional Law and Justice process of ethical decision-making and how does this process relate to law?
More informationDefine 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 informationCONTRACT AND AGENCY. Types of a consideration Three types: 1. Past, 2. Present, and 3. Future.
CONTRACT AND AGENCY Contract An agreement enforceable by law is called a contract. Therefore in a contract, there must be 1. An agreement; 2. The agreement must be enforceable by law. There some agreements
More informationTable of Contents. About the Authors v Foreword by Madam Justice Eileen E. Gillese Preface xxi Table of Statutes xxviii Table of Cases xxxi
Table of Contents About the Authors v Foreword by Madam Justice Eileen E. Gillese Preface xxi Table of Statutes xxviii Table of Cases xxxi vii Part 1 Introduction to Business Law 1 Unit 1 Introduction
More informationBTT Syllabus Part A Subject areas relating to the QLD/CPE Foundation subjects August 2017
BTT Syllabus Part A Subject areas relating to the QLD/CPE Foundation subjects August 2017 Contents Public Law (Constitutional Law, Administrative Law and Human Rights) Syllabus... 2 Law of the European
More informationCONTRACTS 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 informationUnit 1 Legal Aspects of Business: Law of Contract. Learning Objectives. Legal Aspects of Business: Law of Contract
Unit 1 Law of Contract Learning Objectives After completion of the unit, you should be able to: Explain the meaning, essentials and classification of contracts. Describe the eligibility for capacity to
More informationLEVEL 3 - UNIT 2 CONTRACT LAW SUGGESTED ANSWERS JANUARY 2016
Note to Candidates and Tutors: LEVEL 3 - UNIT 2 CONTRACT LAW SUGGESTED ANSWERS JANUARY 2016 The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students
More informationRC 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 informationContents. 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 informationPCLL Conversion Examination June 2017 Examiner s Comments Commercial Law
GENERAL COMMENT PCLL Conversion Examination June 2017 Examiner s Comments Commercial Law There were a considerable number of weak answers indicating that many students had not prepared sufficiently for
More informationCIVIL LITIGATION PRE-COURSE MATERIALS
LLM Legal Practice Course 2017-18 CIVIL LITIGATION PRE-COURSE MATERIALS UWE, Bristol Law School UWE, Bristol Law School 1 Introduction These Pre-Course Materials are designed to give you a basis upon which
More informationSYLLABUS Class: - B.B.A. IV Semester Subject: - Indian Legal System for Business
SYLLABUS Class: - B.B.A. IV Semester Subject: - Indian Legal System for Business UNIT I The Indian Contract Act, 1872: Essentials of a Valid Contract, Void and Voidable Agreements, Performance of Contracts,
More informationPART I INDIAN CONTRACT ACT, 1872
CONTENTS Foreword I-7 Message I-5 Preface to First Edition I-9 About the book I-11 About the authors I-13 B.Com. (General, Computers and Vocational) (III Year) I-17 Contents I-21 PART I INDIAN CONTRACT
More informationCredit Account Application Form Part 1
Credit Account Application Form Part 1 1» How to Apply Please fill out the required information below in black ink & BLOCK capitals. You may fax or email this application to: Credit accounts are only issued
More informationReality of Consent. Reality of Consent. Reality of Consent. Chapter 13
Reality of Consent Chapter 13 Reality of Consent It is crucial to the economy and commerce that the law be counted on to enforce contracts. However, in some cases there are compelling reasons to permit
More informationSOLUTION BUSINESS AND CORPORATE LAW NOV 2012
SOLUTION 1 A. The Lower Courts include: B. i. The circuit courts ii. The magistrate courts; and iii. The National House of Chiefs, Regional houses of chiefs and every traditional council in respect of
More informationPrinciples 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 informationChapter 11 Consideration and Promissory Estoppel 25-1
Chapter 11 Consideration and Promissory Estoppel 25-1 Consideration Consideration: something of legal value given in exchange for a promise Necessary for the existence of a contract Elements: Something
More informationMARK SCHEME for the May/June 2012 question paper for the guidance of teachers 9084 LAW. 9084/31 Paper 3, maximum raw mark 75
UNIVERSITY OF CAMBRIDGE INTERNATIONAL EXAMINATIONS GCE Advanced Level www.xtremepapers.com MARK SCHEME for the May/June 2012 question paper for the guidance of teachers 9084 LAW 9084/31 Paper 3, maximum
More informationLAW5005: PRINCIPLES OF CONTRACT LAW B EXAM NOTES
LAW5005: PRINCIPLES OF CONTRACT LAW B EXAM NOTES Table of Contents Overview of Contracts B... 1 Termination... 3 Express termination... 3 Termination for breach of contract... 3 Repudiation... 4 Unwillingness
More informationLaws of Indemnity and Guarantee
Laws of Indemnity and Guarantee Definition: A Contract by which one party promises to save the other from loss caused to him - by the conduct of the promisor himself - by the conduct of any other person
More informationThe Empowered Paralegal Cause of Action Handbook
The Empowered Paralegal Cause of Action Handbook Carolina Academic Press The Empowered Paralegal Series Robert E. Mongue The Empowered Paralegal: Effective, Efficient and Professional The Empowered Paralegal:
More informationDischarge 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 informationRECOVERING THE PROCEEDS OF FRAUD
RECOVERING THE PROCEEDS OF FRAUD World Headquarters the gregor building 716 West Ave Austin, TX 78701-2727 USA TABLE OF CONTENTS PART ONE: THE LAW IN A FRAUD RECOVERY CASE I. LEGAL CAUSES OF ACTION IN
More informationPROCEDURE & PRINCIPLES: ORDER 26A: ORDER 14 & ORDER 14A
PROCEDURE & PRINCIPLES: ORDER 26A: ORDER 14 & ORDER 14A ISBN 983-41166-7-5 Author: Nasser Hamid Binding: Softcover/Extent: 650 pp Publication Price: MYR 220.00 The law is stated as of July 1, 2004 Chapter
More information