Max's Legal Refresher - Contract Law (II)

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Which is NOT a condition for apparent/ostensible authority (Freeman & Lockyer)?
Third party must have inferred that the agent had authority from the conduct of the parties and the circumstances of the case
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Which is NOT true regarding liability in agency relationships?
If apparent authority, 3rd party contracts with the agent, and agent can sue on behalf of principal
2 of 14
Which is NOT a principle/test governing terms implied into contracts by the court?
Terms may be implied into contract by court if reasonable for that type of contract (Irwin)
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Which is NOT true regarding conditions, warranties and innominate terms?
Breach of warranty gives the innocent party the right to terminate but not receive damages
4 of 14
Which is NOT implied by either SGA 1979 or SGSA 1982?
Buyer can reject goods after accepting, return them and get money back
5 of 14
Which is not a principle/test governing whether the exemption clause covers the breach?
Experienced business-people at large companies of equal power should work it out themselves (Watford Electronics)
6 of 14
Provided reasonable, seller can exclude breach of which statutory implied terms?
Goods fit description, satisfactory quality & reasonable fitness for buyer’s purpose
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"Reasonableness" test in s.11(1) UCTA 1977?
Fair and reasonable having regard to circumstances which were or ought to have been known to parties when contract made
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What is the aim of the remedy of damages for breach of contract?
To put parties into position would have been had contract been performed (Robinson)
9 of 14
What is the best synthesis of remoteness rules in breach of contract?
Loss of a kind within reasonable contemplation of parties at time contract made as not unlikely to result from circs reasonably known to parties, or if more appropriate, loss of kind for which C prob assumed responsibility
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Which is NOT true regarding mitigation & when to assess damages?
Onus on C to show mitigated loss before claiming
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Which is NOT a Dunlop guideline for assessing specified/liquidated damages vs penalty clause?
If breach is only not paying a sum of money, then if amount in clause > amount which ought to have been paid -> specified damages
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Definition of "specific performance"?
Equitable (i.e. discretionary) court order requiring party to perform contractual obligations, & failure to comply = (civil) contempt of court
13 of 14
Definition of "restitution"?
Equitable remedy whereby ct will award innocent party a sum reflecting what he might have obtained had D not acted unjustly (Wrotham Park Estate)
14 of 14

Other cards in this set

Card 2

Front

Which is NOT true regarding liability in agency relationships?

Back

If apparent authority, 3rd party contracts with the agent, and agent can sue on behalf of principal

Card 3

Front

Which is NOT a principle/test governing terms implied into contracts by the court?

Back

Preview of the front of card 3

Card 4

Front

Which is NOT true regarding conditions, warranties and innominate terms?

Back

Preview of the front of card 4

Card 5

Front

Which is NOT implied by either SGA 1979 or SGSA 1982?

Back

Preview of the front of card 5
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