Question: Question 1 & Question 2 is on Contract Law Question 3 is on The Law of Tort Question 4 is on Agency & Property Law
Question & Question is on Contract Law Question is on The Law of Tort Question is on Agency & Property Law ## For contract what you need to know The elements of contracta. OFFERb. ACCEPTANCEc. CONSIDERATIONd. INTENTION TO BE BOUNDe. MUTUALITYf. CAPACITYg. LEGALITY The general concept of contract law is based on the Latin principle of CAVEAT EMPTOR. This means OFFERa. The person making the offer is called: b The person accepting the offer is called: An OFFER must be distinguished from an I to T The OFFER can be either made to the whole world in which case it is called: UNILATERAL OFFER If the OFFER is made to only one individual or a group of identifiable individuals then it is called BILATERAL OFFER. Before an OFFER is accepted it can be terminated by the OFFEREE. IMPORTANT CASES IN OFFERa. CARLILL V CARBOLIC SMOKEBALL CO What is the principle of law in this case? This case shows that when an advertisement is clear and capable of being accepted without further bargaining it is an offer b PARTRIDGE V CRITTENDEN This case shows that when an advertisement suggest further bargaining or the price is unclear and there is no clear specification then it is considered to be an invitation to treat only c HARVEY V FACEY go figure out yourself if you want to pass d FISHER V BELLe. PHARMACEUTICAL SOCIETY V BOOTS f HENTHORN V FRASER Once an OFFER is established the next thing to know is who is the one who accepted the OFFER. ACCEPTANCE of the OFFER must be effectively communicated to the OFFEROR. If there is no effective communication then there is no CONSENSUS AD IDEM or Meeting of minds. Case law for the above is: ENTORES V MILES FAR EAST CORPORATION. this case illustrates that an acceptance must be effectively communicated to the offeror. If there is no clear communication then there is no meeting of minds or mutuality of agreement and therefore no contract If the ACCEPTANCE is done by mailletter then once the letter of acceptance is properly addressed and posted it is considered to be accepted, even if the letter is lost in the mail. This is called the POSTAL RULE and the case here is ADAM V LINSELL. this case illustrates that once a letter of acceptance is properly addressed, stamped and posted, it is considered to be accepted even if the letter is lost in the mail. The reason for this ruling is that proof of postage is easier than proof of delivery The next important element in contract after OFFER and ACCEPTANCE is if you do not know this remember is GST CONSIDERATION in contract is defined as: There six rules of CONSIDERATION you need to know:a CONSIDERATION must be SUFFICIENT but need not be ADEQUATEgive an example of thisSally wants to sell her Ferrari car to John for $ Although this price is inadequate, from a contractual point of view the $ for the Ferrari is considered to be sufficient by the court. b CONSIDERATION must not be VAGUE WHITE V BLUETTgive an example of this c CONSIDERATION MUST BE LEGAL d PAST CONSIDERATION is not VALID RE MCARDLE CASE e Performance of Existing contractualpublic duty is NOT GOOD consideration UNLESS something more has been done f Payment of a lesser sum of money for a greater debt on the day of satisfaction is not a good consideration unless a lesser payment is accepted in other ways. Like for instance before the due date, at a different place and by a different method suggested by the creditor. see the following cases:i Pinnel v Cole ii D&C Builders v Rees PS this is only for students who want High Distinction if not dont bother, enjoy yourself Important cases in Consideration: a GLASBROOK BROTHERS V GLAMORGAN COUNCIL this case shows that performance of existing public duty is not good consideration unless something more has been done so that additional payment must be made. In this case the police were asked to give extra protection to a coal mine which when beyond the scope of their duty and therefore they were entitled to additional payment b STILK V MYRICK c HARTLEY V PONSONBY d RE MCARDLE this case illustrates that past consideration is not valid. In this case Mrs McArdle was promised a payment for the work she already had done to keep the house clean and renovated. However when she demanded payment she was refused. The court said that her performance of cleaning and renovating the house was past consideration which is not valid. e WHITE V BLUETT f TWEDDLE V ATKINSON g DUNLOP PNEUMATIC TYRE V SELFRIDGE The fourth element of contract is For there to be a contractual relationship there must be mutuality of agreement. All contracts are agreements BUT not all agreements are CONTRACT. For there to be a contractual agreement there must be a meeting of minds or in Latin it is called: There are two types of agreement. The first type of agreement is a SOCIALDOMESTIC AGREEMENT like between Husband and wife or brother and sister or friend and friend. These types of agreement are usually not legally binding or contractual unless the parties have provided some form of consideration. Important cases to know on this: a BALFOUR V BALFOUR b MERITT V MERRIT c JONES V PADAVATTON d EDWARDS V SKYWAYS e SIMPKINS V PAYS only if you want High distinction The other elements of contract are CAPACITY TO CONTRACT and LEGALITY. TERMS OF CONTRACT There are three types of TERMS in a contract. They are:abcgo and find out or else A term can also be considered as a CONDITION or WARRANTY If there is a breach of CONDITION the contract will be considered as null and void. However if there is a breach of WARRANTY the contract can still continue if the parties make rectification to the contract. Important cases to know on this: a Bettini v Gye b Poussard v Spiers c HongKong Shipping Fir v Kawasaki Another important thing that you need to know about contracts is the usage of EXEMPTION CLAUSES. An EXEMPTION CLAUSE is defined as: Another way of expressing EXEMPTION CLAUSE is called an EXCLUSION CLAUSE. An EXEMPTION CLAUSE can be incorporated in a contract in the form of a NOTICE or as part of the written agreement. Principle: If the EXEMPTION CLAUSE is in the form of a NOTICE then it must be made clear to the parties before or at the time of contract. This was established in the case of: OLLEY V And also in the case of THORNTON V Other important cases in Exemption Clauses: a LSTRANGE V GRAUCOBb. THORNTON V SHOE LANE PARKINGc. PARKER V SOUTH EASTERN RAILWAYd. CURTIS V CHEMICAL CLEANING If the EXEMPTION CLAUSE is incorporated as part of the written contract then once the party has signed the contract they are bound by the clause even if they have not read the clause. The court will assume that it is the responsibility of the person signing the contract to be aware of any terms and conditions and exemption clauses. This principle is based on CAVEAT EMPTOR. CAVEAT EMPTOR means The above principle of law was established in LSTRANGE V GRAUCOB One possible defence is NON EST FACTUM. This means: Another area of contract law that is important is MISREPRESENTATION. MISREPRESENTATION is defined as: Silence does amount to MISREPRESENTATION unless there is a change in circumstances before the conclusion of contract or the party concern has acted fraudulently. Once the terms of the contract is fulfilled then the contract is considered DISCHARGED. If the terms of the contract cannot be fulfilled for reasons beyond the control of the parties to the contract, then the contract can be considered to be FRUSTRATED. THE LAW OF TORT The Law of Tort refers to civil wrong that is done which may cause injury or loss to the other person. There are several areas under the Law of Tort. a Nuisanceb. Trespassc. Defamationd. Negligence The most important area to study is NEGLIGENCE NEGLIGENCE is defined as:
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