Contract Law 3rd Edition Ewan McKendrick - Solutions

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Outline the circumstances in which the courts will normally refuse to grant an order of specific performance.
Should specific performance be the normal remedy for breach of contract?
Distinguish between a deposit and a part payment. When are such payments recoverable by the party in breach?
A contractor enters into a contract with an employer to erect some buildings at a cost of £900 000. The contract states that, if the contractor fails to complete the work by the completion date, then the contractor has either to 'pay to or allow to the Employer the whole or such part as may be
Distinguish between a liquidated damages clause and a penalty clause.
What is a claim in debt?
John agreed to build two houses on Brian's land. The contract price was agreed at £130000 and the price was payable upon completion of the work. After completing work to the value of £65000 John abandoned the contract. He is now seeking payment from Brian. Advise him. Would your answer differ if
John, who had recently left his wife, booked a holiday with Harry's Tour Company Ltd. The holiday did not live up to expectations. John now suffers from severe depression. He has been advised by his doctors to give up his job. The depression has been caused partly by the break up of his marriage
Fire Prevention Ltd entered into a contract with Borchester Town Council, under which they agreed to provide a fire-fighting service of 15 fire engines and 40 firemen. In breach of contract Rre Prevention only supplied 12 fire engines and 35 men and thereby saved themselves £40 000. Borchester
Is a court ever justified in awarding damages by reference to the gain which the defendant has made as a result of the breach rather than by reference to the loss which the plaintiff has suffered?
Is the law of contract committed to the protection of the expectation interest?
Define and distinguish between the expectation interest, the reliance interest and the restitution interest.
Adam Ltd employ Steve to go to Japan and prepare an elaborate report for the company on the state of the Japanese market. Two days before Steve's departure, Adam Ltd inform Steve that they no longer require the report because they have decided not to commence trading in Japan. Steve nevertheless
Did the plaintiffs in The Alaskan Trader (above) act 'wholly unreasonably'?' (see further Burrows, 1994, pp. 317-322).
What 'legitimate interest' did the plaintiffs in White and Carter (Councils) Ltd v.McGregor have in the performanceof the contract?
What is an anticipatorybreach?
Distinguish between a primary obligation and a secondary obligation.
Distinguish between 'rescission for breach' and 'rescission for misrepresentation'.
What is a breach of contract and what are its consequences?
Jenny agrees to buy Sarah's car for £2500. Sarah gives Jenny the car but Jenny does not pay the £2500. Jenny and Sarah then agree to abandon the contract and Sarah tells Jenny to keep the car and that she 'does not need the money anyway'. Jenny then uses the £2500 to pay for the installation of
When will performance be sufficient to discharge the contract?
List the different ways in which a contract can be discharged.
Assess the likely significance of the Unfair Terms in Consumer Contracts Regulations.
An old lady is 'induced by her solicitor under strong pressure to sell him a large and inconvenient family home at full market value'. Can the transaction be set aside by the old lady? If so, on what grounds?
Do you think that the courts are concerned with the fairness of the bargain reached by the parties?
Does English law recognise the existence of a doctrine of inequality of bargaining power? Should it?
What is undue influence? How does it differ from duress?
What is economic duress? What are its limits?
What is the relationship between the doctrine of consideration and duress? (See Stilkv. Myrick (5.11) and D &C Builders v. Rees [1966)2 OB 617.)
A threatens B that he (A) will shoot the next person he sees unless B pays him£10. B pays the £10. Can he recover it? Would your answer be the same if A had threatened to burn one of B's old family heirlooms unless he paid the£10?
What does ultra vires mean? What effect does it have on a contract with a party who is unaware of the ultra vires nature of the transaction?
John, who suffers from senile dementia, agrees to sell a portrait to Brian for£5000. Brian does not know that John is suffering from senile dementia. It is later discovered that the portrait is, in fact, an original nineteenth century painting, which is worth £125000. Advise John whether he has
In what circumstances may a minor incur liability to an adult as a result of entering into a contract?
John, who is aged seventeen, agrees to buy a motor bike from Trike Ltd for£2500. He takes delivery of the bike but refuses to pay for it. Advise Trike Ltd.
Can the value of benefitsconferred under an illegal contract be recovered?
Joe employs six travelling salesmen. They sell insurance policies. Joe wishes to insert a restraint of trade clause in their contracts of employment. Advise him and draft a clause which will be suitable to his needs.
A as-year-old employeeagrees with his employerthat he will not work for the rest of his life if the employer pays him a lump sum of £1 million. The employer pays the money bU1 the employee has now decided that he wishes to retum to work.Discuss. (See Wyaltv. Kreglinger and Fernau [1933]1 KB 793.)
When will a contract be held to be contrary to public policy? Does the doctrine of public policy reflect any values other than the idiosyncraticvalues of the judiciary?
What impact does illegality in performance have on the enforceability of a contract?
Compare and contrast the decisions in Re Mahmoud and Ispahani and Archbolds(Freightage) Ltdv. S Spanglert Ltd.
Will the courts ever enforce an illegal contract? Should the courts ever enforce an illegal contract?
What is the relationship, if any, between common mistake and frustration?
What are the effects of frustration upon a contract?
What is 'self-induced frustration'?
When will the courts hold that a contract has been frustrated? Illustrate your answer.
Compare and contrast Bell v. Lever Brothers and Magee v. Pennine Insurance Co.
What is the relationship between mistake at law and mistake in equity?
When will a mistake as to the quality of the subject-matter of the contract render a contract void?
What is the proper interpretation to be placed upon the decision of the House of Lords in Couturierv. Hastie?
What is the scope of the doctrine of common mistake at law?
Can a defendant exclude liability for misrepresentation?
What are the principal remedies for misrepresentation? What is the difference between damages and an indemnity?
What are the advantages to a plaintiff in invoking s.2(1) of the Misrepresentation Act 1967 rather than the common law of negligent misrepresentation? Are there any disadvantages?
Distinguish between fraudulent, negligent and innocent misrepresentation.
What is a statement of existing fact? Give examples to illustrate your answer.
What is a misrepresentation?
It is a noticeable feature of the duty of disclosure cases which have arisen this century that they concern contracts which fall outside the scope of regulatory legislation, such as the Sale of Goods Act 1979. Can we learn any lessons from this fact?
Joe papered his dining-room prior to selling the house, partly because it needed redecorating anyway and partly to hide the defective state of the plaster. Emma bought the house and later discovered that the defective state of the plaster was in fact caused by a serious structural fault in the
In Professor Fried's illustration conceming the oil company and the farmer (see 12.1) should the oil company be required to disclose its information to the farmer?Give reasons for your answer. Can you distinguish this illustration from the case of Gordon v, Selico?
List the exceptional situations in which English law does recognise the existence of a particular duty of disclosure. Do these exceptions have any coherent rationale?
Why does English law not recognise the existence of a general duty of disclosure? Do you think it should recognise the existence of such a duty?
How does the Unfair Contracts Terms Act 19n affect the exclusion clause in the situations described in question 3(iHiv)?
Does the exclusion clause cover the damage done in the following cases(i) Some of John's furniture is damaged as it is loaded into Peter's van;(Ii) John's furniture is damaged when Peter's van crashes because of Peter's negligent driving;(iii) John's furniture is totally destroyed when Peter's van
Peter wishes to know how he can incorporate such a clause into his contracts.How would you advise him?
What is the function of such a clause?
What are the remedial consequences of classifying a term as(a) a condition;(b) a warranty; and(c) an innominate term?
When will a term be classified as a promissory condition?
Distinguish between a promissory condition and a contingent condition.
In what circumstances maya term be implied into a contract? Do courts ever imply terms into a contract on the basis that it was 'just and reasonable' so to do?
What is rectification? When is it available?
What types of evidence are inadmissible when a court seeks to interpret a written contract?
When is a course of dealing 'regular and consistent'?
Is it correct to say that the cases on sufficiency of notice are concerned with the question 'whether it would in all the circumstances be fair (or reasonable) to hold a party bound by any conditions .., of an unusual and stringent nature'?
What is non est factum? In what circumstances is the defence available to an adult of full capacity?
What is the 'parol evidence rule'? List the principal exceptionsto the rule.
What is the effect of s.1(a) of the Misrepresentation Act 19677
John, a specialist race-horse trainer, wished to bUya horse from Fred, who was a farmer who had little knowledge of horses. John believed that the horse was a potential champion and, during the course of negotiations, he asked Fred if he could inspect the horse. Fred said there wasreally no need as
Distinguish between a term and a mere representation. What are the consequences of this distinction?
Why do lawyers distinguish between a term and a mere representation?
Do you think that English law should adopt the recommendations put forward by the Law Commission in their recent Report? What difficulties are likely to arise in reforming privity and how should they be resolved?
List the exceptional cases in which English law does recognise the existence of enforceable third party rights. Do these exceptions undermine the rule?
In what circumstances can a defendant claim the protection of an exclusion clause contained in a contract to which he wasnot a party?
Rachel and Katie go out for a meal at Freddy's restaurant. Katie pays for the meal. Rachel's meal is inedible. What remedies are available to Katie? If Katie refuses to sue, could Rachel sue? (See Lockett v. AM Charles Ltd [1938] 4 All ER 170.)
Explain the relationship between the doctrine of privity and the rule that consideration must move from the promisee.
John offers £50 to anyone who will remove rubbish from his garden. The following people comply with the terms of his offer:(a) his wife, Beatrice;(b) his ex-wife, Brenda;(c) his mistress, Belinda;(d) his son, Billy; .(e) his nephew, Brian, whom he had never seen before;(f) his god-child, Bemard;
Reagan Ltd are considering inserting an 'honour clause' in their contract with their major supplier, Jones Ltd. Advise them as to the advantages and disadvantages of such a course of action.
Is the doctrine of intention to create legal relations based on considerations of policy or does the court genuinely seek to discover the intention of the parties?
What is meant by the phrase 'estoppel can act as a shield but not as a sword'?Can estoppel ever act as a sword?
Describe the fact situation in the following two cases and explain their legal significance :(a) Combev. Combe[1951)2KB215(b) Central London Property Trust Ltd v. High Trees House Ltd [1947) KB 130.
What is 'estoppel'? How many different types of estoppel are there and what is the relationship between them?
What is implied assumpsit?
What is past consideration? Do you think that the decision of the court in Eastwoodv. Kenyon is (a) correct as a matter of principle and (b) fair?
Can Williams v. Roftey Bros be reconciled with Foakes v. Beet?
What is a 'practical benefit'?
Can performance of an existing duty ever constitute consideration? Should it ever constitute consideration?
What is meant by the maxim 'consideration must be sufficient but it need not be adequate'? Give examples to illustrate your answer.
Compare and contrast the decisions of the Court of Appeal in Ingram v. Little and Lewis v, AveI}'.
What is the difference between a contract which has been held to be void and one which has been held to be voidable?
Distinguish between common mistake and unilateral mistake. Give some examples of the distinction.
Would any advantage be obtained by introducing into English law a provision equivalent to section 2-204 of the American Uniform Commercial Code?

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