Pages in this set

Page 1

Preview of page 1
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…

Page 2

Preview of page 2
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…

Page 3

Preview of page 3
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…

Page 4

Preview of page 4
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…

Page 5

Preview of page 5
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…

Page 6

Preview of page 6
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…

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »