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CONSUMER RIGHTS AND RESPONSIBILITIES
CHAPTER 16 ­ THE BASIC CHARACTER OF CONTRACTS AND BASIC PRINCIPLES OF NEGLIGENCE

16.1.1. What is a contract?

We form contracts every day;
Having contracts mean we have enforceable rights. If rights are interfered with, compensation can be
gained;
Contract = completed when both parties carry…

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16.2.1. Basic character of terms

Terms of contracts can be what the parties have expressly agreed on, but they can also be what the law has
said should be included (implied).

Type of statement Contractual Reasoning
significance
Terms You can rely on these and can Because they are actually
sue…

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16.2.3. The importance of different types of term

Some terms are more important than others ­ some are vital to the contract;
Some may, if breached, not mean that the contract cannot be carried out;
Therefore, depending on the type of term, different remedies apply;
There are two different types…

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However, no D of C owed where damage is unforeseeable, where defendant could not have been aware of
the claimant and where it would be generally unfair to allege liability on the defendant.
o Hill v Chief Constable of West Yorkshire (1988) ­ Mother of Peter Sutcliffe argued that daughter…

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