Entertainment Quiz / Contract Cases.

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Can you name the Contract Cases.?

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Constructing EC: Cannot exclude for fundemental breach. (Root of contract).Exclusion Clauses
Bilateral: No acceptance through silenceOffer and Acceptance
Items in auction can be withdrawn Offer and Acceptance
Illegality Frustration: Change in law must strike at root of contractFrustration
Incorporating EC: Notice of EC given before Exclusion Clauses
Limitations of EC EC will not protect Third Party.Exclusion Clauses
Rogue must existMistake
Mistake not operative if quality not much differentMistake
Mirep can occur through conduct.Misrep
Acceptance can be construed by party ConductOffer and Acceptance
Contradicts Clarke, Reward Given Offer and Acceptance
Unilateral Mistake: Mistake must be fundamental to contractMistake
Impossibility frustration: Excessive Unavoidable delays.Frustration
NF if party negligence led to frustrayionFrustration
Consideration: Benefit to one party, Detriment to the other. Consideration and PE
Mistake as to existence of subject.Mistake
Revocation must be communicated, Postal rule doesnt apply.Offer and Acceptance
Misrep requirement: misrep materially important to contract.Misrep
Fraudulent Misrep: Knowingly, without care to its truthMisrep
Impossibility frustration: Subject matter destroyedFrustration
Duress : Voidable... Physical threat.Consideration and PE
Acceptance by a more advantageous methodOffer and Acceptance
Offer can be revoked before acceptanceOffer and Acceptance
Duress : Void... Physical threat. Consideration and PE
Misrep if true statement becomes false and part is not informed. Misrep
PE is a 'sword not a shield'Consideration and PE
Incorporating EC: Previous Dealings with same consistent terms : Knowledge.Exclusion Clauses
Impossibility frustration: Subject matter not availableFrustration
Consideration doesn't need to be adequateConsideration and PE
Postal rule applies even if letter not received Offer and Acceptance
Incorporating EC: EC brought to attention of other party.Exclusion Clauses
Stating price : Not OfferOffer and Acceptance
Unilateral: Acceptance through silenceOffer and Acceptance
Performance commenced: BindingOffer and Acceptance
Third Party cannot misrep.Misrep
Misrep cannot be a mere opinion.Misrep
Offer for highest bidder, Contract made when bid.Offer and Acceptance
Acceptance with ancillary terms to be includedOffer and Acceptance
Offer made when tender qoutes priceOffer and Acceptance
Duress : Voidable... Economic. Consideration and PE
Condition to be fulfilled: No binding contract.Offer and Acceptance
Impossibility frustration: Party unavialable for employment through incapacityFrustration
Mistake as to rogue: made reasonable steps to check identity. Mistake
Comfort lettes: No Legal RelationsOffer and Acceptance
Performance of contractual duty is not GCConsideration and PE
PC is sufficient if done at Promiser's request, they knew it would be remunerated and it can be legally enforced. Consideration and PE
Off to world, Not mere puff, £1000 in bankOffer and Acceptance
UCTA: 'Business Transactions' must form integral part of Buyers Business. Exclusion Clauses
Consideration distinguished from ConditionConsideration and PE
Justification: Circumstances change radically from that undertaken by contract.Frustration
No acceptance without knowledge of offerOffer and Acceptance
NF if party contemplated frustration.Frustration
Pe: Clear promise, Reliance, Inequitably to go back.Consideration and PE
Illegality Frustration: Other Country's Law changesFrustration
Suggested mistake not void unless impossible to go onMistake
Misrep after agreement is inactionable.Misrep
Misrep requirement: Misrep intended to be relied on.Misrep
Constructing EC: Can Exclude Negligence.Exclusion Clauses
Negligent Misrep: Special Duty to Misrep'eeMisrep
Part payment is not GCConsideration and PE
Incorporating EC: Not held to EC if document is one that people wouldnt expect there to be conditions.Exclusion Clauses
Impossibility frustration: Anything that reasonably prevents party's avilablilityFrustration
Frustration of Purpose: All original purpose of contract was destroyed.Frustration
UTCCR: Good Faith covers only Procedural unfaireness.Exclusion Clauses
Counter offer : RejectionOffer and Acceptance
Constructing EC: Karsales not applied. Destructive to freedom of contract.Exclusion Clauses
Incorporating EC: Reference on face of ticket : KnowledgeExclusion Clauses
Acceptance must 'Mirror image' OfferOffer and Acceptance
Mutual Mistake: Void if promises are too contradictory.Mistake
Acceptance makes offer irrevocable Offer and Acceptance
NF if self induced: Frustration
Revocation can be by third PartyOffer and Acceptance
Incorporating EC: Must have knowledge of EC at time of contract formationExclusion Clauses
Family Arrangement: No Legal RelationsOffer and Acceptance
Contract to not deal with other partiesOffer and Acceptance
Misrep requirement: Party induced by Misrep.Misrep
Display - ITTOffer and Acceptance
Offer revoked by death Offer and Acceptance
Past consideration is not GCConsideration and PE
Mistake if subject doesn't exist. Mistake
Constructing EC: Phrasing of EC Must not be ambiguous. Exclusion Clauses
Waiver of communicationOffer and Acceptance
If unconscionable to let one party take advantage of mistake : RescissionMistake
Misrep cannot be mere puffMisrep
Stilk v Myrick not applied if party gains benefit. Consideration and PE
Part payment by third party is sufficient.Consideration and PE
Bound by terms if brought to the attention before O + AOffer and Acceptance
UTCCR: Overdrafte charges = Core so cannot be assessed for fairness under UTCCR.Exclusion Clauses
Consideration must have discernible value.Consideration and PE
Terms must be clearOffer and Acceptance
Limitations of EC: Oral Promise made before contract can override ECExclusion Clauses
Unclear terms can be ascertained by previous dealingsOffer and Acceptance
Fraudulent Misrep Remedies: D responsible for all damages if link between misrep and damages. Misrep
Incorporating EC: Bound by any term of agreement if signed.Exclusion Clauses
Mistake not void if other party knows about mistakeMistake
Done everything possible to bind to ContractOffer and Acceptance
Lord Cairns stated terms been set aside.Consideration and PE
Attempts at developing principal of PE have been rejected.Consideration and PE
Duress : Voidable... Economic (Bankruptcy) Consideration and PE
Can recover indemnity at same time as rescission.Misrep
Mere enquiry is not a counter offerOffer and Acceptance
Misrep cannot be an expression of future intent.Misrep
Postal Rule: Acceptance is moment postedOffer and Acceptance
Party can recover payment that have been made in advance with No consideration.Frustration
Offer must be communicatedOffer and Acceptance
FtF contracts are more likely to have effectMistake
Consideration must be tangibleConsideration and PE
Further terms : No Legal RelationsOffer and Acceptance
No distinction between FtF and Non-FtFMistake
UCTA: Courts willing to apply Sch 2.Exclusion Clauses
'Maybe Prepared to sell' - ITTOffer and Acceptance
Frustration of Purpose: All commercial purpose must be gone. Frustration
NF if contract is merely more onerous. Frustration
Part Payment cant satisfy whole debt unless involves PE.Consideration and PE
Contract not voided if one party only mistakes to quality but performance is still possible. Mistake
Void if contract made for subbject that Party already owns.Mistake
Limitations of EC: Oral Misrep about EC may invalidate ECExclusion Clauses
Valuation of 'Benefit' Courts assess what is just.Frustration
Advertisement - ITTOffer and Acceptance
'Without Reserve' Offer : AuctioneerOffer and Acceptance
Right to rescind is lost by excessive delays. Misrep
Impossibility frustration: Party unavailable through deathFrustration

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