Contract Revision

All contract revision, i think i have included all topics.

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Contract Revision
Remedies
The types of remedies available are:
Compensation
Refund
Termination
Making person fulfil original role
Return of goods/service
Exemption Clauses
Can claim if there is a breach of contract.
Defence there are 3 hurdles, first is it incorporated, secondly is it constructed correctly, does
it mean what it says and last resort is UCTA.
With interpretation the question is does the clause actually exempt the person/company
from liability.
Cases
Houghton v Trafalgar Insurance ­ This was what the word "load" meant in relation to
the car.
Offer and Acceptance
Prof. Treitle defines offer as an expression of willingness to contract on certain terms made
with the intention it shall become binding once accepted.
Cases
Fisher v Bell ­ Display of sale in shop window is invitation to treat.
Boots v Pharm. Society ­ Displaying on shop shelves is invitation to treat.
Partridge ­ Advertisement in newspaper is an invitation to treat.
Sale of Goods Act s57 ­ Sale at auction is at the fall of the hammer.
Spencer v Harding ­ With tender the person is not obliged to accept the highest bid.
Harvey v Facey ­ Statement of price prepared to sell at is not an offer.
Prof. treitle defines acceptance as a final and unqualified expression of assent to the terms
of an offer. Communication of acceptance is key. There is also the idea that the point of
communication must be identified as the time of communication and when the
communication is received.
Cases
Brogden v Met. Railway ­ Certain cases conduct can be seen as acceptance.
Brinkibon ­ In cases of instantaneous communication it is only accepted once read.
The Brimnes ­ Communication of revocation does not have to be with authority of
offeror.
Hyde v Wrench ­ Counter-offer revokes the original offer in place.
Stevenson v McLean ­ Request for information does not extinguish the original offer.
Entores v Miles East ­ Acceptance only takes place once communicated.

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Felthouse v Bindley ­ Silence does not amount to acceptance, even if stipulated.
A person can also just simply reject an offer.
Termination
Cases
Routledge v Grant ­ If offer left open and change of mind it can be revoked.
Dickinson v Dodds ­ Offer can be revoked by a 3rd party.
Montefoire v Ramsgate Hotel ­ Offer may lapse after specified amount of time.
Unilateral Contracts
This is a contract in which only one party is bound.…read more

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Terms: Express/Implied, Incorporation and Construction
Express terms are those which are stated and are expressly there. They can be oral
statements and can be a mere sales puff such as red bull gives you wings, you wouldn't
actually sue them because it didn't give you wings.
Types of express terms are
Notices
Documents
Terms and Conditions
The best way to incorporateterms is through a signatureon the document.…read more

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Terms can also be impliedby statute.
They can be implied through the Sale of Goods Act (1) and the Supply of Goods and Services
Act.
1) S.13(1) Correspondence with description
S.14(2) Satisfactory Quality
S.14(3) Fitness for purpose stated
These 3 clauses in the act are 3 to remember.
Also terms can be impliedin law.
Case
Liverpool City Council v Irwin ­ There was no express term for the landlord to
provide easement of access to the flats but it was implied through law.…read more

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Hong Kong Fir ­ Term was "in every way fitted for cargo service" when in fact it had
the wrong crew and was in need of repair. They repudiated the contract, this was an
unlawful termination.
The problem must go to the root of the contract, also if unlawfully terminated then the
claimant will not go back to the pre-contract position.
The two main types of equitable remedy in contract are specific performance (1) and an
injunction(2).…read more

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The agent will have either actual and apparent authority, actual authority is where the
person it told that they can do it. Where as apparent authority it has to be a representation
which the other party relies upon, the words or actions of the principal may lead them to
believe they have authority.…read more

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