Entertainment Quiz / Contract Cases.

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QUIZ: Can you name the Contract Cases.?

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

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