LEVEL 3 - UNIT 2 CONTRACT LAW SUGGESTED ANSWERS - JUNE 2013
|
|
- Audrey Mills
- 5 years ago
- Views:
Transcription
1 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 should have included in their answers to the June 2013 examinations. The suggested answers do not for all questions set out all the points which students may have included in their responses to the questions. Students will have received credit, where applicable, for other points not addressed by the suggested answers. Students and tutors should review the suggested answers in conjunction with the question papers and the Chief Examiners reports which provide feedback on student performance in the examination. SECTION A 1. The doctrine of privity of contract provides that, generally: only the parties to a contract are bound by it; and therefore only the parties are able to bring a court action to enforce it. 2. A counter offer exists where the offeree answers an offer with another offer. Its effect is that it ends the original offer (rejection). A relevant case could be Hyde v Wrench (1840). 3. If the offer is for a limited period it expires at the end of the period. If no period is stated, it lapses after a reasonable time. What is reasonable will be decided by courts on all the facts of the case. A relevant case could be Ramsgate Victoria Hotel v Montefiore (1866). 4. (a) Executed consideration exists when one party performs his part of the contract at the time of the agreement. (b) Executory consideration exists when the parties to a contract exchange promises to do something in the future. 5. In a commercial or business agreement there is a presumption is that a legal relationship is intended. The words binding in honour only (often known as an honour clause ) rebut that presumption. A relevant case could be Edwards v Skyways Ltd [1964]. 6. (a) An express term is a term agreed by the parties; (b) The effect of signing a written contract is that the signatory is bound by the terms of the document whether or not he/she has read it. A relevant case is L Estrange v Graucob (1934); Page 1 of 6
2 The notice purporting to exclude liability which was in the hotel room had no legal effect. As the contract had been entered into between Mr & Mrs Olley and the hotel before they went up to their room, notice of the purported exclusion was given too late. 7. A condition is an important clause in the contract (it goes to its very root) and entitles the injured party to treat the contract as at an end (repudiate it) and/or claim damages. A relevant case could be Poussard v Spiers (1876). 8. The traditional remedy available for innocent misrepresentation is rescission. However, under s.2(2) Misrepresentation Act 1967, the courts may award damages in lieu of rescission. The remedy of damages here is equitable (discretionary). 9. Frustration means that there must be: a supervening event; something essential to the contract destroyed unforeseen circumstances; no fault of either party. Frustration brings the contract to an end, preventing a party from being able to perform the contract. 10. The purpose of damages in contract is to provide monetary compensation aimed at putting the injured party in the position he would have been in had the contract been properly performed. Scenario 1 Questions SECTION B 1. (a) A good answer would have identified any three of the following: offer; acceptance; consideration; intention. N.B. Reference to Agreement would have received credit in lieu of both offer and acceptance. Each of the three elements identified should then have been explained. For example: an offer is a proposition intended to be binding; acceptance is the unconditional agreement to the terms of the offer; consideration is what each party promises to do; intention is the intention to form a legally binding relationship. (b) An offeror may, generally, withdraw an offer at any time before acceptance. To be effective the revocation must be communicated to the offeree. However, in the event of a unilateral offer, withdrawal may not happen after the offeree has begun to perform the act requested. A relevant case could be Errington v Errington (1952). A good answer would have explained that: Page 2 of 6
3 Abbi s letter of 2 March amounts to an offer; There was a purported revocation on 4 March; Revocation is not effective until communicated on 6 March; Dev is therefore able to accept Abbi s offer on 5 March; Dev s amounts to acceptance (unqualified assent to the terms of the offer); Acceptance appears to have been validly communicated by on 5 March provided the was sent within normal business hours; A valid contract exists at the price of 2,500. A relevant case could be Brinkibon Ltd v Stahag Stahl und Stahlwarenbandelgesellschaft mbh (1982). 2. (a) A good answer would have identified the issue of remoteness. It would then have explained that the injured party must show that: a reasonable person would have anticipated the loss being a reasonably foreseeable result of the breach; the defendant had been specifically warned of the potential loss. (b) Causation would be satisfied here as Abbi only had to turn down the graphic design work because she had no computer at the time. However, a reasonable person would probably not have anticipated the loss of this valuable contract as a likely result of the breach and Carriers Unlimited had not been specifically warned of this potential loss. They need not know that Abbi had no other computer and there is therefore no reason why they should have contemplated the loss as a potential consequence of their delay. A good answer would also have pointed out that Abbi seems to have made no effort to mitigate her loss. In all the circumstances, Abbi is unlikely to be able to recover the 5,000. A relevant case could be Victoria Laundry v Newman (1949). It should have been explained that the claimant must take reasonable steps to minimise any loss. Therefore Abbi should, perhaps, have hired a computer rather than turn down the graphic design work. Damages are therefore likely to be reduced. 3. A good answer would have explained that the courts are reluctant to award damages for loss of enjoyment. However, Abbi may be able to claim nonpecuniary damages here as the contract was to provide pleasure, relaxation, peace of mind and freedom from distress. Abbi wanted a quiet and secluded seaside cottage but got one next door to a lively bar band opposite a crowded beach. She could therefore claim for damages to compensate for disappointment and distress as in the case of Jarvis v Swan Tours (1973). Scenario 2 Questions 1. (a) Candidates should have identified that an offer may be terminated, first, by a counter-offer or by rejection and explained that a counteroffer rejects/ends the original offer. A relevant case could be Hyde v Wrench (1840). They should also have identified that it may be terminated by revocation and explained that an offer may be revoked at any time before acceptance as in the case of Payne v Cave (1789). Page 3 of 6
4 Another method of termination would be by passage of time. It should have been explained that an offer terminates at end of fixed period or after a reasonable time. A relevant case could be Ramsgate Victoria Hotel v Montefiore (1866). Finally it should have been identified that an offer may also be terminated by acceptance and candidates should have explained that this requires a final and unqualified acceptance of offer which must mirror the offer and that acceptance must generally be communicated to offeror. (b) A good answer would have explained that the Battle of Forms means that the last party to send a form wins as in the case of Butler Machine Tool Co v Ex-Cell-O Corporation (England) Ltd (1979). Candidates should have explained that George s Stoves Ltd s quotation amounts to offer and that Flo s order amounts to a counter-offer without a price variation clause. This counter-offer rejects the original offer, including price variation clause. George s Stoves Ltd s return of tear off slip evidences acceptance of Flo s counter-offer. A suitable conclusion would therefore be that Flo is not liable to pay the additional 2, (a) A representation is a pre-contractual statement and may include a mere puff. If untrue, it may lead to an action for misrepresentation. A term, however, is intended by parties to be part of the contract and may be either express or implied. Breach of a term may lead to an action for breach of contract. (b) A good answer would have identified the following: The importance of the statement. Thus, if the person to whom the statement is made would not have entered the contract otherwise the statement may be a term. Relevant case law could be Bannerman v White (1861). Whether the statement has been reduced into writing. It should have been explained that statements not reduced into writing in the contract are usually mere representations. Relevant case law could be Birch v Paramount Estates (1956). The timing of the statement. The longer the gap between the statement and the contract the more likely it is to be a representation. Relevant case law could be Routledge v McKay (1954). Specialist knowledge or skills. It should have been explained that if the person making the statement has specialist knowledge/skill the statement is more likely to be a term. A relevant case could be Oscar Chess Ltd v Williams (1957). A good answer would have contained an appropriate discussion of each of the following points: the statement was made before the contract; the statement appears to be important to Harjit; the statement appears not to have been reduced into writing; the apparently short time gap between the statement and the contract; and Page 4 of 6
5 it would appear that Flo should have specialist knowledge/skill. On balance, the statement would be likely to be a term implied into the contract but any reasoned conclusion that it is a term or a representation would have received full credit. 3. Candidates should have explained that under s14(2) Sale of Goods Act 1979, goods must be of satisfactory quality. A good answer would than have continued to explain what amounts to satisfactory quality e.g: they meet the standard that a reasonable person would regard as satisfactory. Factors to be considered in deciding this are: The state & condition of the goods Fitness for all the purposes for which such goods are commonly supplied Appearance & finish Freedom from minor defects Safety Durability The section applies here, as goods sold in the course of business. A good answer would have continued to apply the law here to the facts. For example: A major defect indicates not suitable for purpose of cooking The stove is unsafe A relevant case could be Rogers v Parish (Scarborough) Ltd (1987). Scenario 3 Questions 1. (a) A good answer would have explained that a condition goes to the very root of the contract and entitles the injured party to repudiate the contract and claim damages, as in Poussard v Spiers & Pond (1876). It would also have explained that a warranty is a less important term which only entitles the injured party to claim damages whilst the contract continues in existence. A relevant case here could be Bettini v Gye (1876). (b) A good answer would have explained that an innominate term is a term which is not clearly a condition or a warranty; the court will wait and see what is the effect of any breach before deciding whether to treat the breach as a breach of a condition (if fundamental/goes to the root of the contract) or as a breach of a warranty (if it does not). A relevant case could be Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd (1962). Candidates should have explained either that: as Lee is the lead singer/front man, this is likely to be a breach of condition; if so, Imran can repudiate the contract; and claim damages. And/or that: as only the first of a series of concerts is affected, this is likely to be a breach of a warranty; if so, the contract must continue; Page 5 of 6
6 but Imran can claim damages for any loss he may incur. 2. (a) Candidates should have identified and explained the four methods by which a contract may be discharged, thus: Discharge by performance. Candidates should have gone on to explain that in an entire contract, for example, both parties must do just what they promised and, ideally, referred to at least one exception, namely part performance, substantial performance, prevention of performance or a divisible contract. Discharge by breach. Here candidates should have explained that, for example, a breach of a condition entitles the injured party to repudiate. Discharge by agreement. If, for example, neither party has performed, mutual promises not to enforce amount to consideration; otherwise consideration must be provided (accord and satisfaction). Discharge by frustration. This could be explained as an event which is fault of neither party and which renders performance of the contract impossible. A good answer would have been supported by relevant case law such as Krell v Henry (1903). (b) Candidates here should have explained that the contract would appear to be an entire contract. Therefore, if Mike has not fulfilled all his obligations Imran will not have to pay him anything. A good answer would have gone on to identify the possible issue of substantial performance; if Mike has substantially performed the contract Imran will have to pay 4,500. Relevant case law could include Bolton v Mahadeva (1972) and Hoenig v Isaacs (1952). A reasoned discussion of acceptance of part performance would also have been awarded credit as would an appropriate reference to the need for reasonable skill and care under s.13 Supply of Goods and Services Act Here, it should have been explained that Nona appears to be in breach of a condition and Imran would therefore be entitled to repudiate the contract. He could also claim damages for any loss he has suffered and that, as Olivia s fee was greater than Nona s, he is likely to be able to claim the excess. A relevant case could be Poussard v Spiers & Pond (1876). (d) It should be explained that Imran can agree to release Olivia from her contract but that, as Olivia has started to perform her obligations, she will have to give some consideration (satisfaction). (e) Candidates should explain that the cancellation of an event which is the sole reason for the contract not taking place can be frustration. A relevant case could be Krell v Henry (1903). However, where the contract can still take place meaningfully without the event it will not be frustration. A relevant case here could be Herne Bay Steamboat Co v Hutton (1903). A good answer would have gone on to apply this law and shown that, as Imran could still hold the concert, he cannot treat his contracts for the sale of tickets as frustrated. Therefore ticket holders could not claim money back. Page 6 of 6
LEVEL 3 - UNIT 2 LAW OF CONTRACT SUGGESTED ANSWERS - JUNE 2014
Note to Candidates and Tutors: LEVEL 3 - UNIT 2 LAW OF CONTRACT SUGGESTED ANSWERS - JUNE 2014 The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students
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 informationLEVEL 3 - UNIT 2 CONTRACT LAW SUGGESTED ANSWERS - JUNE 2011
Note to Candidates and Tutors: LEVEL 3 - UNIT 2 CONTRACT LAW SUGGESTED ANSWERS - JUNE 2011 The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students
More informationLEVEL 3 - UNIT 2 CONTRACT LAW SUGGESTED ANSWERS - JANUARY 2014
Note to Candidates and Tutors: LEVEL 3 - UNIT 2 CONTRACT LAW SUGGESTED ANSWERS - JANUARY 2014 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 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 information1.2 Explain the legal requirements for the formation of an enforceable contract. 1.3 Explain the factual indicators of the existence of agreement.
Unit 2 Title: Contract Law Level: 3 Credit Value: 7 Learning outcomes The learner will: 1 Understand the concept of contract. 2 Understand the rules for establishing whether a valid offer and acceptance
More informationLEVEL 3 - UNIT 2 CONTRACT LAW SUGGESTED ANSWERS - JANUARY 2013
Note to Candidates and Tutors: LEVEL 3 - UNIT 2 CONTRACT LAW SUGGESTED ANSWERS - JANUARY 2013 The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students
More informationA-level LAW COMPONENT CODE
SPECIMEN MATERIAL A-level LAW COMPONENT CODE PAPER 3 CONTRACT Mark scheme Series V1.0 Mark schemes are prepared by the Lead Assessment Writer and considered, together with the relevant questions, by a
More informationCambridge International Examinations Cambridge International Advanced Subsidiary and Advanced Level. Published
Cambridge International Examinations Cambridge International Advanced Subsidiary and Advanced Level LAW 9084/32 Paper 3 MARK SCHEME Maximum Mark: 75 Published This mark scheme is published as an aid to
More informationContents. 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 informationContents. 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 informationBUSINESS LAW GUIDEBOOK
BUSINESS LAW GUIDEBOOK SECOND EDITION CHARLES YC CHEW CHAPTER 4: CONTRACT: TERMS AND REMEDIES FOR BREACH TEST YOUR KNOWLEDGE 1. The terms of a contract may be either express or implied. Explain what is
More informationTable of Content - Commercial Law. Year End Examination Notes
Table of Content - Commercial Law Year End Examination Notes Chapter 4: Contract: Offer & Acceptance... 2 Chapter 5: Intention & Consideration... 7 Chapter 6: Express Terms of the Contract... 12 Chapter
More information9084 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 information7/23/2010. 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 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 informationContract Law. Contract law. Kacper Szkalej 1. Structure. Law and regulation. Media Law, KTH
Contract Law Media Law, KTH Kacper Szkalej, LL.M. kacper.szkalej@jur.uu.se Structure Law and regulation of society Basics of contract law Functions Creation Freedom of contract Privity of contract Contract
More informationPRINCIPLES OF CONTRACTUAL LIABILITY 1.1. AGREEMENT TEMPLATE: CERTAINTY TEMPLATE:... Error! Bookmark not defined.
PRINCIPLES OF CONTRACTUAL LIABILITY 1. FORMATION OF CONTRACT:... 2 1.1. AGREEMENT TEMPLATE:... 2 1.2. CAPACITY TEMPLATE:... = Error! Bookmark not defined. 1.3. INTENTION TEMPLATE: (objective test)... Error!
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 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 information9084 LAW. 9084/32 Paper 3, maximum raw mark 75
CAMBRIDGE INTERNATIONAL EXAMINATIONS GCE Advanced Level MARK SCHEME for the May/June 2014 series 9084 LAW 9084/32 Paper 3, maximum raw mark 75 This mark scheme is published as an aid to teachers and candidates,
More informationthe parties had dealt with each other before and were well acquainted with the timber industry
Formation of a Contract To start with it needs to be identified whether and which party is alleging a contract. For a contract to be valid it must be: 1.! An agreement 2.! Contractual intention 3.! Consideration
More informationOffer: Has a valid offer been made?
Agreement Offer and acceptance based can exist between 2 or more (Clarke v Dunraven) May be necessary to look at whole agreement rather than isolate offer and acceptance (Empirnall Holdings v Machon Paul
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 informationQUESTION 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 information9084 LAW 9084/03 Paper 3, maximum raw mark 75
UNIVERSITY OF CAMBRIDGE INTERNATIONAL EXAMINATIONS GCE Advanced Level MARK SCHEME for the May/June 2009 question paper for the guidance of teachers 9084 LAW 9084/03 Paper 3, maximum raw mark 75 This mark
More information1. Law of Contracts Terms of Contracts
1. Law of Contracts 1.3. Terms of Contracts The first step in determining the terms of a contract is to establish what the parties said or wrote. Statements made during the course of negotiations may traditionally
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 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 informationCambridge International Examinations Cambridge International Advanced Subsidiary and Advanced Level. Published
Cambridge International Examinations Cambridge International Advanced Subsidiary and Advanced Level LAW 9084/31 Paper 3 October/November 2016 MARK SCHEME Maximum Mark: 75 Published This mark scheme is
More informationTo be taken only between and 2012
To be taken only between and 2012 AS GCE LAW G155/01/I: Law of Contract Candidates answer on the Answer Booklet OCR Supplied Materials: 18-page Answer Booklet Duration: 2 hours Other Materials Required:
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 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 informationDISCHARGE AND PERFORMANCE
DISCHARGE AND PERFORMANCE Discharge: The termination of a party s obligations arising under a contract. Discharge occurs either when: (1) both parties have fully performed their contractual obligations;
More informationMARK 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 informationCalifornia 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 May 1, Owner asked Builder
More informationUNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (1980) [CISG]
Go to CISG Table of Contents Go to Database Directory UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (1980) [CISG] For U.S. citation purposes, the UN-certified English text
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 informationNote to Candidates and Tutors:
UNIT 2 LEVEL 6 CONTRACT LAW SUGGESTED ANSWERS JANUARY 2010 Note to Candidates and Tutors: The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students
More informationThe 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 informationArticle 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 informationNEGOTIABLE INSTRUMENTS TRANSLATION. Portatore, Possessore. Effetti e Titoli di Credito Negoziabili
NEGOTIABLE INSTRUMENTS TRANSLATION English Italian Bearer Portatore, Possessore Certificate of Deposit Certificato di Deposito Check Assegno Commercial Paper Effetti e Titoli di Credito Negoziabili Discharge
More informationINTERNATIONAL SALE OF GOODS ACT
c t INTERNATIONAL SALE OF GOODS ACT PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this Act, current to December 2, 2015. It is intended for information
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 informationRC Steenkamp 18 April 2018
RC Steenkamp 18 April 2018 All contracts are agreements, but not all agreements are contracts EXAMPLES Amazon s Terms of Service: However, this restriction will not apply in the event of the occurrence
More informationNegligence 1. Duty of Care 2. Breach of duty of care p 718 c) p 724
Negligence 1. Duty of Care Donoghue v Stevenson [1932] AC 562 - a duty of care could exist in any situation where loss, damage or injury to one party was reasonable foreseeable (foreseeable harm) - the
More informationADVANCED CONTRACT LAW SUMMARY
ADVANCED CONTRACT LAW SUMMARY LAWSKOOL PTY LTD CONTENTS CASE LIST... 6 1. INTRODUCTION... 8 1.1 TERMINOLOGY... 8 2. IMMEDIATE DUTY TO PERFORM CONTRACT... 9 3. CONTINGENT CONDITIONS... 10 3.1 THE NATURE
More informationCalifornia 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 PC manufactures computers. Mart
More informationTwomey Jennings: Anderson s Business Law, 23 e End of Chapter: CPA Questions and Answers
March 17, 2016 Twomey Jennings: Anderson s Business Law, 23 e End of Chapter: CPA Questions and Answers CORRECT ANSWERS IN BOLDFACE. Chapter 9: Intellectual Property Rights and the Internet 1. Multicomp
More informationAnswer 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 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 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 informationADVANCED CONTRACT LAW SUMMARY
ADVANCED CONTRACT LAW SUMMARY LAWSKOOL PTY LTD TABLE OF CONTENTS CASE LIST 6 1. INTRODUCTION 8 1.1 TERMINOLOGY 8 2. IMMEDIATE DUTY TO PERFORM CONTRACT 10 3. CONTINGENT CONDITIONS 10 3.1 THE NATURE OF CONDITIONS
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 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 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 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 informationCalifornia 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 informationGraduate Diploma in Purchasing and Supply. Legal Aspects in P&S L6-10 LEVEL 6. Senior Assessor s Report
Graduate Diploma in Purchasing and Supply Legal Aspects in P&S L6-10 LEVEL 6 Senior Assessor s Report November 2007 INFORMATION FOR CANDIDATES The senior assessor s report is written in order to provide
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 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 informationEmily M. Weitzenboeck, 2012 Norwegian Research Center for Computers & Law
What is acceptance? i. The final and unconditional expression of consent to offer ii. made in response to offer iii. exactly matching terms of offer iv. communicated to offeror. Element (i): final and
More informationEmily M. Weitzenboeck, 2011 Norwegian Research Center for Computers & Law
1. Discharge 2. Damages 3. Remedies in equity Certain breaches of contract (i.e. breach of condition or breach of innominate term carrying serious consequences) entitle the innocent party to bring the
More informationMARK 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 informationSEW EURODRIVE LTD: STANDARD TERMS AND CONDITIONS OF SALE
SEW EURODRIVE LTD: STANDARD TERMS AND CONDITIONS OF SALE 1. DEFINITIONS 1.1 The Company means SEW EURODRIVE LTD. 1.2 The Purchaser means the person, firm or company to whom goods ( Goods ) are supplied
More informationSALE OF GOODS (VIENNA CONVENTION) ACT 1986 No. 119
SALE OF GOODS (VIENNA CONVENTION) ACT 1986 No. 119 NEW SOUTH WALES TABLE OF PROVISIONS 1. Short title 2. Commencement 3. Interpretation 4. Act binds Crown 5. Convention to have the force of law 6. Convention
More informationWill Barkerʼs 1015LAW Revision
Will Barkerʼs 1015LAW Revision Discharge by Performance 2 Discharge by Subsequent Agreement 5 Discharge by Frustration 6 Discharge by Breach 8 Termination for Repudiation 10 Restrictions on the Right to
More informationRESOURCES A-LEVEL LAW
RESOURCES A-LEVEL LAW LAW03 The Law of Contract Exemplar scripts with examiner comments (2160) 1 of 22 Here is a selection of typical responses for you to consider. Using past papers, scenarios are set
More informationTHE PUBLIC ACCOUNTANTS EXAMINATION COUNCIL OF MALAWI 2011 EXAMINATIONS ACCOUNTING TECHNICIAN PROGRAMME PAPER TC 8: BUSINESS LAW
EXAMINATION NO. THE PUBLIC ACCOUNTANTS EXAMINATION COUNCIL OF MALAWI 2011 EXAMINATIONS ACCOUNTING TECHNICIAN PROGRAMME PAPER TC 8: BUSINESS LAW THURSDAY, 9 JUNE 2011 TIME ALLOWED : 3 HOURS 2.00 PM - 5.00
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 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 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 informationLAW OF CONTRACT (PART II) Shanila H. Gunawardena LL.B. (Hons.) (Colombo) Attorney-at-Law, CTA (CASL)
LAW OF CONTRACT (PART II) Shanila H. Gunawardena LL.B. (Hons.) (Colombo) Attorney-at-Law, CTA (CASL) 06-08-2017 (2) AGREEMENT BETWEEN PARTIES -ACCEPTANCE- Postal Rule on Acceptance (2) AGREEMENT BETWEEN
More informationFundamentals Level Skills Module, Paper F4 (HKG) Corporate and Business Law (Hong Kong)
Answers Fundamentals Level Skills Module, Paper F4 (HKG) Corporate and Business Law (Hong Kong) June 2014 Answers 1 This question invites the candidates to demonstrate their knowledge of the common law
More information1. "Applicant" means a person applying for registration under this chapter.
IOWA 9D.1 Definitions. 1. "Applicant" means a person applying for registration under this chapter. 2. "Customer" means a person who is offered or who purchases travel services. 3. "Registrant" means a
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 informationTopics this week. Part A Classification of Contract Terms. Part B Performance, Breach & Right of Termination
Topics this week So far we have looked at contract formation and how terms are incorporated into the contract. We have also looked at how to interpret the meaning of contract terms and whether extrinsic
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 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 informationBusiness Law - Contract Law Study Notes
Business Law - Contract Law Study Notes Comprehensive unit study notes as per Victoria University. 1 Table of Contents Note topic Content page Full semester notes 3-49 How to write IRAC 50-51 response
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 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 informationCanadian Systems of Law Contract and Tort Law for Professionals There are two systems of law that operate in Canada: Common Law and Civil Law.
Canadian Systems of Law Contract and Tort Law for Professionals There are two systems of law that operate in Canada: Common Law and Civil Law. Common Law operates in all Canadian Provinces and territories
More informationPaper F4 (CYP) Corporate and Business Law (Cyprus) Monday 8 December Fundamentals Level Skills Module. Time allowed: 2 hours
Fundamentals Level Skills Module orporate and usiness Law (yprus) Monday 8 ecember 2014 Time allowed: 2 hours This paper is divided into two sections: Section LL 45 questions are compulsory and MUST be
More informationLEVEL 6 - UNIT 2 CONTRACT LAW SUGGESTED ANSWERS - JANUARY 2013
LEVEL 6 - UNIT 2 CONTRACT LAW SUGGESTED ANSWERS - JANUARY 2013 Note to Candidates and Tutors: The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students
More informationBusiness Law & Ethics notes Lec Lecture topic Topic s covered Text book refs. constitution expansion of power interpreting power
Business Law & Ethics notes Lec Lecture topic Topic s covered Text book refs 1 law, morality and philosophical views of ch 1 meaning of eithics law 2 the source of laws governing constitution expansion
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 informationContracts Summary Notes
Contracts Summary Notes TOPIC ONE: AGREEMENT- OFFER AND ACCEPTANCE There are 4 elements of a contract: Agreement, consideration, intention to create legal relations and certainty The above are all required
More informationQUESTION 1. Carl said, Let me think a moment.
QUESTION 1 Zena placed an advertisement in a local newspaper: Wanted: Someone to clean my four-bedroom, four-bath house (2500 square feet) once a week for the next month; pay $35 per hour. No interview
More informationPAPER: LAW MARK AWARDED: 73% The overriding objective was recently modified in the Jackson reforms and recites as follows.
PAPER: LAW MARK AWARDED: 73% Question 1 The overriding objective was recently modified in the Jackson reforms and recites as follows. 1) These rules are a new procedural code with the overriding objective
More informationUNIDROIT 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 informationContracts Professor Keith A. Rowley William S. Boyd School of Law University of Nevada Las Vegas Spring Contract Formation
Contracts Professor Keith A. Rowley William S. Boyd School of Law University of Nevada Las Vegas Contract Formation I. Foundations A. Mutual Assent: Each party to a contract manifests its assent to the
More informationUnit 3 CONTRACT LAW 1
Unit 3 CONTRACT LAW 1 WHAT IS A CONTRACT? A legally binding agreement THAT requires a bargain Offer + Consideration = Acceptance 2 WHAT IS IN A CONTRACT? Offer-- proposal by one party to another to create
More informationCourse Outline Credits Class Hours Laboratory Hours
1 Mercer County Community College Course Outline BUS 107 Course Number Business Law I Course Title 3 3 0 Credits Class Hours Laboratory Hours Online Alternate Delivery Method Texts: Title: Introduction
More informationFundamentals Level Skills Module, Paper F4 (ZAF) Corporate and Business Law (South Africa)
Answers Fundamentals Level Skills Module, Paper F4 (ZAF) Corporate and Business Law (South Africa) June 2014 Answers 1 This question requires candidates to discuss the rules and presumptions used by the
More informationWeek 2 - Damages in Contract. The plaintiff simply needs to show that there was a breach of contract
Week 2 - Damages in Contract In order for the court to award the plaintiff compensatory damages in contract, it must find that: a) Does the plaintiff have a cause of action in contract (e.g breach of contract)?
More informationTHE CYPRUS INSTITUTE OF MARKETING DMM COMMERCIAL LAW
THE CYPRUS INSTITUTE OF MARKETING DMM COMMERCIAL LAW INTRODUCTION 18 LECTURES CIM BOOKLET + TEXT BOOK ATTENDANCE CONTACT yangos@cima.ac.cy COURSE ASSESSMENT 1. ASSIGNMENT No1. 7.5 % 2. ASSIGNEMENT No2.
More informationBUSINESS LAW Chapter 5 PowerPoint Notes & Assignment How Contracts Arise
BUSINESS LAW Chapter 5 PowerPoint Notes & Assignment How Contracts Arise SECTION 5.1 CONTRACTS The Nature of a Contract A ** is any agreement enforceable by law. Not all agreements are contracts, however.
More informationrequires a + = WHAT IS IN A CONTRACT? by to another to create.
UNIT 3 CONTRACTS NBEA STANDARD II: Analyze the relationships between contract law, law of sales, and consumer law. OBJECTIVE: Develop an understanding of contracts: distinguish between express and implied
More information