Entertainment Quiz / Contract Cases.

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Can you name the Contract Cases.?

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Items in auction can be withdrawn Offer and Acceptance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

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