Contract Law section A - Questions & Answers

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  • Created by: launa07
  • Created on: 28-12-15 15:17
Explain when a 3rd party maybe able to sue on a contract?
a 3rd party maybe able to sue on a contract under contract rights of 3rd parties act 1999; if the contract expressly states that he/she may or if a term purports to confer a benefit on him/her
1 of 10
identify 2 exceptions to the rule that acceptance of an offer must be communicate to the offeror. using relevant case law
when the postal rule applies as in Adam v Lindsell 1818,acceptance by conduct as in Brogden v Metropolitan railway 1877,
2 of 10
explain the nature and effect of a counter offer?
a counter offer is made when the offeree responds to an offer with new terms.A counter offer destroys the original offer ( Hyde v Wrench 1840)
3 of 10
identity the presumption regarding legal relations in social and domestic circumstances and explain one situation in which the presumption may be rebutted?
in social and domestic contracts,there is a presumption against forming a legal relationship.Situations in which the presumption may be rebutted include where spouses are separating or divorcing as in Merritt V Merritt 1970
4 of 10
identify the remedy available for breach of a warranty ?
the remedy for the breach of a warranty is Damages
5 of 10
identify 2 equitable remedies available to a claimant following a breach in contract?
the 2 equitable remedies which may be available to the injured party in the event of a breach of contract are an injunction and a specific performance .
6 of 10
state 3 ways in which a contract may be discharged?
A) by performance,B)by breach of condition,C)by agreement,D)by frustration.
7 of 10
explain the postal rule for acceptance of an offer?
The common-law rule is that an acceptance will be binding on the offeror upon on posting (Adam V Lindsell 1818) providing that the letter is stamped and addressed correctly
8 of 10
state the effect of an honour clause in a commercial agreement?
An honour clause will rebut the presumption of the intention to be legally bound in commercial contracts ; Rose&Frank V Crompton 1925.The fact that parties can expressly agree to be bound in honour only on a contract and exclude court intervention .
9 of 10
state 2 ways in which a term can be incorporated into a contract?
1) through a signed document ,2) through a notice or display.
10 of 10

Other cards in this set

Card 2

Front

identify 2 exceptions to the rule that acceptance of an offer must be communicate to the offeror. using relevant case law

Back

when the postal rule applies as in Adam v Lindsell 1818,acceptance by conduct as in Brogden v Metropolitan railway 1877,

Card 3

Front

explain the nature and effect of a counter offer?

Back

Preview of the front of card 3

Card 4

Front

identity the presumption regarding legal relations in social and domestic circumstances and explain one situation in which the presumption may be rebutted?

Back

Preview of the front of card 4

Card 5

Front

identify the remedy available for breach of a warranty ?

Back

Preview of the front of card 5
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