Contract Law 10th Edition Ewan McKendrick - Solutions

21.2 Is the law of contract committed to the protection of the expectation interest?
21.1 Define and distinguish between the ‘expectation interest’, the ‘reliance interest’ and the‘restitution interest’.
20.7 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
20.6 Did the claimants in The Alaskan Trader [1984] 1 All ER 129 (see above at Section 20.9) act‘wholly unreasonably’? (See further Burrows, 2004, 435–40.)
20.5 What ‘legitimate interest’ did the claimants in White and Carter (Councils) Ltd v McGregor[1962] AC 413 have in the performance of the contract?
20.4 What is an ‘anticipatory breach’?
20.3 Distinguish between a ‘primary obligation’ and a ‘secondary obligation’.
20.2 Distinguish between ‘rescission for breach’ and ‘rescission for misrepresentation’.
20.1 What is a breach of contract and what are its consequences?
19.3 Jenny agrees to buy Sarah’s car for £2,500. Sarah gives Jenny the car but Jenny does not pay the£2,500. 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 £2,500 to pay for the
19.2 When will performance be sufficient to discharge the contract?
19.1 List the different ways in which a contract can be discharged.
18.7 Why might the enforcement provisions contained in Schedules 3 and 5 to the Act be important for the success of the legislation?
18.6 What effect, if any, is given to an unfair term in a consumer contract and what is the impact of the unfair term on the contract as a whole?
18.5 Why does the Act provide that a trader cannot by a term of a contract exclude or restrict certain liabilities while permitting it to exclude or restrict other liabilities provided that the term is not unfair?
18.4 Would Office of Fair Trading v Abbey National plc be decided the same way under section 64 of the Consumer Rights Act?
18.3 What is meant by ‘the requirement of good faith’ and ‘significant imbalance’ and what role do these elements play when seeking to decide whether a term is unfair?
18.2 When is a term in a consumer contract unfair for the purposes of Part 2?
18.1 Who is a consumer for the purposes of Part 2 of the Consumer Rights Act 2015? Who is a trader?
17.7 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?
17.6 Do you think that the courts are concerned with the fairness of the bargain reached by the parties?
17.5 Does English law recognise the existence of a doctrine of inequality of bargaining power?Should it?
17.4 What is ‘undue influence’? How does it differ from duress?
17.3 What is ‘economic duress’? What are its limits?
17.2 What is the relationship between the doctrines of consideration and duress? (See Stilk v Myrick (1809) 2 Camp 317 and 6 Esp 129 (Section 5.11) and D & C Builders v Rees [1966] 2 QB 617.)
17.1 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?
16.4 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?
16.3 John, who suffers from senile dementia, agrees to sell a portrait to Brian for £5,000. 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 £125,000. Advise John whether
16.2 In what circumstances may a minor incur liability to an adult as a result of entering into a contract?
16.1 John, who is aged 17, agrees to buy a motor bike from Trike Ltd for £2,500. He takes delivery of the bike but refuses to pay for it. Advise Trike Ltd.
15.7 Can the value of benefits conferred under an illegal contract be recovered?
15.6 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.
15.5 A 35-year-old employee agrees with his employer that 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 but the employee has now decided that he wishes to return to work. Discuss. (See Wyatt v Kreglinger and Fernau [1933] 1
15.4 When will a contract be held to be contrary to public policy? Does the doctrine of public policy reflect any values other than the idiosyncratic values of the judiciary?
15.3 What impact does illegality in performance have on the enforceability of a contract?
15.2 Compare and contrast the decisions in Re Mahmoud and Ispahani [1921] 2 KB 716 and Archbolds (Freightage) Ltd v S Spanglett Ltd [1961] 2 QB 374.
15.1 Will the courts ever enforce an illegal contract? Should the courts ever enforce an illegal contract?
14.8 What is the relationship, if any, between common mistake and frustration?
14.7 What are the effects of frustration upon a contract?
14.6 What is ‘self-induced frustration’?
14.5 When will the courts hold that a contract has been frustrated? Illustrate your answer.
14.4 Why did the Court of Appeal in Great Peace Shipping Ltd v Tsavliris Salvage (International) Ltd[2002] EWCA Civ 1407; [2003] QB 679 reject the proposition that mistake in equity is broader and more flexible than the doctrine of mistake at common law?
14.3 When will a mistake as to the quality of the subject-matter of the contract render a contract void?
14.2 What is the proper interpretation to be placed upon the decision of the House of Lords in Couturier v Hastie (1856) 5 HLC 673?
14.1 What is the scope of the doctrine of common mistake at law?
13.6 Can a defendant exclude liability for misrepresentation?
13.5 What are the principal remedies for misrepresentation? What is the difference between damages and an indemnity?
13.4 What are the advantages to a claimant in invoking section 2(1) of the Misrepresentation Act 1967 rather than the common law of negligent misrepresentation? Are there any disadvantages?
13.3 Distinguish between ‘fraudulent’, ‘negligent’ and ‘innocent’ misrepresentation.
13.2 What is a ‘statement of existing fact’? Give examples to illustrate your answer.
13.1 What is a ‘misrepresentation’?
12.5 It is a noticeable feature of the duty of disclosure cases which have arisen in the twentieth 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?
12.4 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
12.3 In Professor Fried’s illustration concerning the oil company and the farmer (see Section 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 (1986) 11 HLR 219?
12.2 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?
12.1 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?
11.3 How does the Unfair Contract Terms Act 1977 affect the exclusion clause in the situations described in Exercise 11.2(a)–(d) (on the assumption that neither party is entering into the contract as a consumer)?
11.2 Does the exclusion clause cover the damage done in the following cases?(a) Some of John’s furniture is damaged as it is loaded into Peter’s van;(b) John’s furniture is damaged when Peter’s van crashes because of Peter’s negligent driving;(c) John’s furniture is totally destroyed
11.1 Peter wishes to know how he can incorporate such a clause into his contracts. How would you advise him?
10.3 What are the remedial consequences of classifying a term as(a) a condition;(b) a warranty; and(c) an innominate term?
10.2 When will a term be classified as a promissory condition?
10.1 Distinguish between a ‘promissory condition’ and a ‘contingent condition’.
9.8 To what extent is it appropriate to draw an analogy between the approach adopted towards the implication of a term into a contract and that adopted when seeking to interpret a term in the contract?
9.7 In what circumstances may a term be implied into a contract? Do courts ever imply terms into a contract on the basis that it was ‘just and reasonable’ to do so?
9.6 What is ‘rectification’? When is it available?
9.5 What types of evidence are inadmissible when a court seeks to interpret a written contract?
9.4 When is a course of dealing ‘regular and consistent’?
9.3 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’?
9.2 What is non est factum? In what circumstances is the defence available to an adult of full capacity?
9.1 What is the ‘parol evidence rule’? List the principal exceptions to the rule.
8.4 What is the effect of section 1 (a) of the Misrepresentation Act 1967?
8.3 John, a specialist race-horse trainer, wished to buy a 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 was really no
8.2 Distinguish between a ‘term’ and a ‘mere representation’. What are the consequences of this distinction?
8.1 Why do lawyers distinguish between a ‘term’ and a ‘mere representation’?
7.5 When can the contracting parties deprive the third party of his right to enforce the term of the contract?
7.4 What justification is there for giving a third party a right to sue to enforce a term of the contract when he has provided no consideration for that right?
7.3 Critically evaluate the Contracts (Rights of Third Parties) Act 1999. How would the following cases be decided under the Act:(a) Beswick v Beswick [1968] AC 58;(b) Jackson v Horizon Holidays [1975] 1 WLR 1468;(c) The Eurymedon [1975] AC 154; and(d) White v Jones [1995] 2 AC 207?
7.2 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.)
7.1 Explain the relationship between the doctrine of privity and the rule that consideration must move from the promisee.
6.3 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,
6.2 Reagan Ltd are considering inserting an ‘honour clause’ in their agreement with their major supplier, Jones Ltd. Advise them as to the advantages and disadvantages of such a course of action.
6.1 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?
5.9 What is meant by the phrase ‘estoppel can act as a shield but not as a sword’? Can estoppel ever act as a sword?
5.8 Describe the fact situation in the following two cases and explain their legal significance:(a) Combe v Combe [1951] 2 KB 215;(b) Central London Property Trust Ltd v High Trees House Ltd [1947] KB 130.
5.7 What is ‘estoppel’? How many different types of estoppel are there and what is the relationship between them?
5.6 What is ‘implied assumpsit’?
5.5 What is ‘past consideration’? Do you think that the decision of the court in Eastwood v Kenyon(1840) 11 A & E 438 is (i) correct as a matter of principle and (ii) fair?
5.4 Can Williams v Roffey Bros & Nicholls (Contractors) Ltd [1991] 1 QB 1 be reconciled with Foakes v Beer (1884) 9 App Cas 605?
5.3 What is a ‘practical benefit’?
5.2 Can performance of an existing duty ever constitute consideration? Should it ever constitute consideration?
5.1 What is meant by the maxim ‘consideration must be sufficient but it need not be adequate’?Give examples to illustrate your answer.
4.6 Compare and contrast the decisions of the Court of Appeal in Ingram v Little [1961] 1 QB 31 and Lewis v Averay [1972] 1 QB 198.
4.5 What is the difference between a contract which has been held to be void and one which has been held to be voidable?
4.4 Distinguish between ‘common mistake’ and ‘unilateral mistake’. Give some examples of the distinction.
4.3 Would any advantage be obtained by introducing into English law a provision equivalent to section 2-204 of the American Uniform Commercial Code?
4.2 List the devices which are available to a court which wishes to avoid the conclusion that an agreement is too uncertain to be enforced.
4.1 Compare and contrast the decisions of the House of Lords in May and Butcher v R [1934]2 KB 17 and Hillas v Arcos (1932) 147 LT 503.
3.6 Billy wishes to know whether or not he can refuse to carry out the following arrangements without finding himself in breach of contract. Advise him.(a) Billy offered to sell his car to Jimmy for £5,000 and stated that he would assume that Jimmy had accepted his offer unless he informed Billy
3.5 Do you think Article 19 of the Vienna Convention is an improvement upon the principles established in Butler v Ex-Cell-O Corp [1979] 1 WLR 401? How would Article 19 apply to the facts of Butler?
3.4 What is the ‘postal rule’? Do you think it is a good rule?

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Contract Law 10th Edition Ewan McKendrick - Solutions

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