Lecture 12 handout contract law
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This document provides an overview of a lecture on contract law, including a reading list, list of relevant case law, preparatory questions for seminar discussion, and learning outcomes. The reading list includes a chapter on contract law from a GCSE Law textbook. The preparatory questions cover defining a contract, outlining key elements, whether contracts must be written, counteroffers, and the difference between an offer and invitation to treat. The learning outcomes involve explaining contract formation, key elements, offers vs invitations to treat, terminology, applying principles to facts, and analyzing case law.
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The document discusses key concepts in constructing contracts, including distinguishing between representations and terms, collateral contracts, and different types of contract terms. It covers determining whether a statement is a representation or term, exceptions to the parol evidence rule, criteria for enforceability of collateral contracts, implied terms, and the effect of exclusion clauses. The document provides definitions and guidelines for classifying different statements and terms, and outlining when they can create legal obligations or remedies.
Constructing the Contract
Many contracts now require the contractor to "design and construct"; which attempts to make the contractor responsible for elements of design in the construction process. In many cases the requirements for the limits of design in the contractors scope of works are not sufficiently described, within either the tender or contractual documents. If the contractor has any concerns or doubts regarding the level of design responsibilities the contractor must ask for a "design brief".
Seminar 14 misrepresentations
This document provides materials for a seminar on misrepresentations in contract law. It includes a reading list, list of relevant cases, seminar questions, and learning outcomes. The seminar questions ask students to distinguish statements of fact from statements of opinion in various scenarios. It also asks students to define a representor and representee. The learning outcomes cover explaining misrepresentations, the extension of negligence to words, different types of misrepresentations, remedies under the Misrepresentation Act 1967, and the Hedley Byrne v Heller case regarding pure economic loss in negligence. Students are assigned to read chapters in a textbook and take notes on cases related to rights under the European Convention on Human Rights.
Lecture 11 handout law of torts
This document outlines the topics to be covered in Lecture 11 on the Law of Torts, including trespass, nuisance, and defamation. It provides reading assignments from the textbook "GCSE Law" that cover these torts as well as human rights related to freedom of expression. The lecture will describe civil wrongs besides negligence, outline general defences and remedies in tort law, and analyze cases related to the topics. Students are asked preparatory questions to test their understanding of key concepts like the elements of trespass, assault, battery, and false imprisonment. They are also asked about the differences between civil and criminal law for assault and the types and elements of nuisance and defamation.
Law-Exchange.co.uk Powerpoint
Exemption clauses attempt to exclude or limit a party's liability, and come in two types: exclusion clauses that avoid all liability, and limitation clauses that cap liability. For an exemption clause to be valid and incorporated into the contract, it must be brought to the attention of the other party in a reasonable way and not too late. The main purpose rule and contra proferentem rule are used to interpret exemption clauses. Legislation like the Unfair Contract Terms Act 1977 protects consumers and determines whether exemption clauses are reasonable given the circumstances known to the parties.
1st Year Obligations Coursework (Contract)
This summary analyzes potential contractual issues between several parties:
1) BCL and Whitehouse regarding an incorrect machine price in an advertisement. No contract was formed as the ad was not an offer but an invitation to treat, and communications so far were just responses to inquiries, not acceptances of offers.
2) Whitehouse and Kremlin Metals, where Kremlin asked for a lower price in response to Whitehouse's offer. This could be seen as a counteroffer destroying the original offer, or just a request for information leaving the original offer still open.
3) Whitehouse and ESL, where ESL's faxed acceptance of Whitehouse's offer was not received. Under case law, no contract was formed
Lecture 16 handout
This document provides an introduction to the topic of equity for a lecture on foundation law. It includes a reading list and two case studies: Central London Property Trust Ltd v High Trees House Ltd (1947) and Combe v Combe (1951). The learning outcomes are to understand what equity is and how it interacts with common law, describe equitable remedies, explain the doctrine of promissory estoppel and that estoppel is a "shield and not a sword", outline the facts and judgment in Central London Property Trust Ltd, and analyze case law and apply legal principles. Preparatory questions are provided to discuss the definition of equity, specific performance, and promissory estoppel using relevant case law.
OFFER.pptx
The document discusses the key aspects of offers under contract law:
(1) It defines an offer according to Malaysian law as when one party indicates willingness to be bound by a contract upon the other's acceptance.
(2) It examines the case Preston Corpn Sdn Bhd v Edward Leong which established that for there to be a valid offer, the terms must clearly express intent to be bound once accepted.
(3) It discusses the requirements for a valid offer including being clear, specific, lawful and the distinction between offers made to an individual or public. Advertisements are generally considered invitations to treat rather than offers unless exceptional circumstances indicate otherwise.
CML2117 Introduction To Law, 2008 Lecture 18 Contracts Cases Slides
The document discusses key concepts in contract law including:
- The three requirements for a valid contract: meeting of the minds, consideration, and intention to enter a legal relationship.
- Courts generally do not interfere with contracts but aim to enforce the intentions of the parties.
- Circumstances when courts will not enforce a contract and issues around damages and remoteness.
- The document then lists several case names and brief questions about contract law issues like liability, consideration, intention to create a legal relationship, and privity.
Fundamental Breach of Contract - A Post Mortem
This document provides a historical overview and analysis of the development and demise of the doctrine of fundamental breach of contract in New Zealand law. It discusses how the doctrine emerged in response to perceived injustices in standard form contracts containing wide exclusion clauses between commercial parties and consumers. While the doctrine served to overcome the rigidity of exclusion clauses, it was ambiguous and lacked clear authority. The document traces the introduction of the doctrine, its growth and acceptance, and subsequent fall from use. It examines changing jurisprudence around discharge for breach of contract and concludes that fundamental breach can no longer be successfully argued in New Zealand courts given legislative reforms and its redundancy in light of modern contract law principles.
Weatherguard tiling case law analysis
Weather guard Tiling solutions (WTS) are involved in manufacturing, distributing and of Roof tiles. They also have to ensure smooth employee relations that are in accordance with the law. Nature of business of the company is to involve itself in a number of contractual agreements with employees, customers and logistic suppliers. The contracts are in the form of oral or written contracts. The company also should adhere to the proper duty of care and ensure there can be no claims of negligence (Beck, Demirgüç-Kunt, & Levine, 2003). Some cases are foreseeable events and some claims are not foreseeable they are many layers to make this determination according to contractual laws. Only certain aspects are considered to make a contractual law valid.
Objective Principle in Law of Contract
The document discusses the objective test for determining whether parties have reached an agreement in contract law. It explains that the test examines what was communicated between the parties through words and conduct, rather than their subjective intentions. This objective approach promotes certainty in commercial agreements. Two exceptions are mentioned where subjective intentions may be considered - if the offeree knows the offeror has made a mistake, or if the offeree is at fault for failing to notice a mistake. The document analyzes several cases that apply the objective test, such as Smith v Hughes and Centrovincial Estates.
Contract Terms
The document discusses the distinction between terms and mere representations in a contract. Terms form part of the contract while representations help induce the contract but do not form part of it. Whether a statement is a term or representation depends on factors like the statement's importance, any special knowledge or skill of the person making it, the time between the statement and contract formation, and whether it was reduced to writing. Breach of a term allows repudiation of the contract while breach of a representation only allows damages.
MG2528 Finished copy 2
This document provides a legal analysis of a scenario involving a couple (Carter and Beyonce) who were charged double the expected fee for a gym membership at Hillingdon Country House Hotel (HCHH) Fitness Centre. The analysis determines that:
1) HCHH's advertisement offering a discounted membership fee and no joining fee constituted a clear offer capable of being accepted.
2) Carter and Beyonce validly accepted the offer before the deadline by posting their registration on time, to which the postal rule applies.
3) The agreement contains consideration and both parties intended to be legally bound. Therefore, a binding contract was formed at the advertised discounted price.
4) HCHH bre
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CML2117 Introduction To Law, 2008 Lecture 18 Contracts Cases Slides
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