Contract Law

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  • Created by: KayshaN
  • Created on: 09-10-19 15:49
Contract Law is a part of what type of law?
Common Law
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What are the two main functions?
1) determines when agreement becomes legally binding. 2) outlines the rights and obligations under contract
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How do courts determine if a contract exisits?
by the words, actions, if observer says 2 parties are in agreement.
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What does the Freedom Of Contract Principle mean?
a contract is voluntary, courts have to respect peoples own agreements and terms of contract. Only involved if a dispute.
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Why is Freedom Of Contract less relevant nowdays?
e.g. phone contracts we have no say in negotiations
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What is the order in creating a legally enforceable contract?
Offer-Acceptance-Consideration-intention to create legal obligations- Contract
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Define Consideration in Law terms.
Means what a person gives in return for the promise of something.
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Define Offer in Law terms.
Definite promise on specified terms, once accepted bound by terms of agreement in law.
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What are the 2 main features to determine if it is an Offer?
1) intention to be bound 2) clear and unchanging
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Define Invitation to Treat.
willingness to enter negotiations
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Outline Case Study: Fisher Vs Bell 1961
Bell advertised a knife in a shop window with price and small description. Argued that is was against the Restriction of Offensive Weapons Act- criminal offence to offer sale any knife has auto blade etc.Court Of Appeal- invitation to treat not offer
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Outline Case Study: Pharmaceutical Society Vs Boots The Chemist 1953
Customers could take meds off shelf into basket. PS argued against Pharmacy and Posions ACT. Selling without Pharmasist present. Said contract concluded when customer put in basket (No pharm). However, Court Appeal said actually at till, where was Ph
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What are the Implications of PS Vs BTC. (3)
1) Not liable if demand displayed goods greater than supply. 2) Final decision rests with retailer 3) Customer not bound until actually ready to purchase
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Other cards in this set

Card 2

Front

What are the two main functions?

Back

1) determines when agreement becomes legally binding. 2) outlines the rights and obligations under contract

Card 3

Front

How do courts determine if a contract exisits?

Back

Preview of the front of card 3

Card 4

Front

What does the Freedom Of Contract Principle mean?

Back

Preview of the front of card 4

Card 5

Front

Why is Freedom Of Contract less relevant nowdays?

Back

Preview of the front of card 5
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