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Table Of Contents

ExCEPTIONS TO THE COMMUNICATION RULE
METHOD OF ACCEPTANCE
KNOWLEDGE OF THE OFFER
TERMINATION OF THE OFFER
1. ACCEPTANCE
3. REVOCATION
4. COUNTER OFFER
5. LAPSE OF TIME
6. FAILURE OF A CONDITION
ACTIVITy SHEET
INTENTION TO CREATE LEGAL RELATIONS
SOCIAL & DOMESTIC AGREEMENTS
Jones v Padavatton (1969)
Parker v Clarke (1960)
Simpkins v Pays (1955)
BUSINESS/COMMERCIAL AGREEMENTS
Jones v Vernon Pools (1938)
Orion Insurance v Sphere Drake Insurance [1990] 1 Lloyd’s Rep 465
LETTERS OF INTENT
TyPES OF CONSIDERATION
1. ExECUTORy CONSIDERATION
2. ExECUTED CONSIDERATION
RULES GOVERNING CONSIDERATION
ExCEPTIONS TO THIS RULE:
(A) PREVIOUS REqUEST
(B) BUSINESS SITUATIONS
(C) CHEqUES OR BILLS OF ExCHANGE
3. CONSIDERATION MUST MOVE FROM THE PROMISEE
5. ExISTING PUBLIC DUTy
6. ExISTING CONTRACTUAL DUTy
7. ExISTING CONTRACTUAL DUTy OWED TO A THIRD PARTy
8. PART PAyMENT OF A DEBT
THE GENERAL RULE
Ferguson • v Davies (1996) The Independent December 12th
Re • C (a Debtor) [1996] BPLR 535
ExCEPTIONS TO THE RULE
B) COMPOSITION AGREEMENTS
C) PROMISSORy ESTOPPEL
REqUIREMENTS
(A) ExISTING CONTRACTUAL RELATIONSHIP
(B) PROMISE MADE By PROMISOR
(D) INEqUITABLE TO GO BACK ON PROMISE
(F) SUSPENSION OF RIGHTS
ACTIVITy PAGE
RESTITUTION By A MINOR
CAPACITy AND THE INSANE PERSON
Common law exceptions
Statutory exceptions
(B) IMPORTANCE OF THE STATEMENT
(C) REDUCTION OF TERMS TO WRITING
(D) SPECIAL KNOWLEDGE/SKILLS
CONDITIONS AND WARRANTIES
Reardon Smith Line v Hansen-Tangen [1976] 3 All ER 570
Bunge Corporation v Tradax Export [1981] 2 All ER 513
IMPLIED TERMS
A) TERMS IMPLIED By CUSTOM
B) TERMS IMPLIED By THE COURT
(i) Intention of the Parties
C) TERMS IMPLIED By STATUTE
ExCLUSION CLAUSES
A. INCORPORATION
1. SIGNED DOCUMENTS
2. UNSIGNED DOCUMENTS
3. PREVIOUS DEALINGS
4. PRIVITy OF CONTRACT
5. COLLATERAL CONTRACTS
2. THE MISREPRESENTATION MUST HAVE INDUCED THE CONTRACT
3. TyPES OF MISREPRESENTATION
(A) FRAUDULENT MISREPRESENTATION
(B) NEGLIGENT MISREPRESENTATION
(I) NEGLIGENT MISSTATEMENT AT COMMON LAW
Williams v Natural Life Health Foods (1998) The Times, May 1
NEGLIGENT MISREPRESENTATION UNDER STATUTE
(C) INNOCENT MISREPRESENTATION
4. REMEDIES FOR MISREPRESENTATION
BARS TO RESCISSION
(I) AFFIRMATION OF THE CONTRACT
(III) RESTITUTION IN INTEGRUM IMPOSSIBLE
Royscott Trust Ltd v Rogerson [1991] 3 WLR 57
5. ExCLUDING LIABILITy FOR MISREPRESENTATION
TyPES OF ILLEGALITy
Contracts that are illegal as formed
Contracts that are illegal as performed
Common Law Illegality
THE EFFECTS OF ILLEGALITy
1. Performance
PERFORMANCE
MODIFICATION OF THE GENERAL RULE
A) DIVISIBLE CONTRACTS
B) ACCEPTANCE OF PARTIAL PERFORMANCE
D) SUBSTANTIAL PERFORMANCE
E) TENDER OF PERFORMANCE
STIPULATIONS AS TO TIME OF PERFORMANCE
BILATERAL DISCHARGE
(B) RESCISSION AND SUBSTITUTION
UNILATERAL DISCHARGE
4. FRUSTRATION
TESTS FOR FRUSTRATION
ExAMPLES OF FRUSTRATION
B) PERSONAL INCAPACITy
D) INTERFERENCE By THE GOVERNMENT
E) SUPERVENING ILLEGALITy
LIMITATIONS OF THE DOCTRINE
A) ExPRESS PROVISION FOR FRUSTRATION
B) MERE INCREASE IN ExPENSE OR LOSS OF PROFIT
C) FRUSTRATION MUST NOT BE SELF-INDUCED
D) FORESEEABILITy OF THE FRUSTRATING EVENT
EFFECTS OF FRUSTRATION
(A) RECOVERy OF MONEy PAID
(B) VALUABLE BENEFIT
WHAT IS REAL PROPERTy?
THE DISTINCTION BETWEEN PERSONALTy AND REALTy
Civil Law and the Classification of property
FIxTURES AND CHATTELS
Examples of fixtures
Examples of Chattels
Development of the law on fixtures and chattels
Purpose of Annexation
Custom and Usage
Baptiste v. Supersad [1967] 12WIR, 140
Comparative legislation: Fixtures and Chattel
RIGHTS THAT “RUN WITH THE LAND”
Riparian Rights
Wild animals
Minerals and natural gas
TyPES OF LANDHOLDING OR “OWNERSHIP”
1. Fee simple or freehold
The Fee simple or Freehold
Fields v Modeste & Joseph
WHAT ARE My RIGHTS AND HOW ARE THEy AFFECTED?
(a) Constitutional Protection
WHAT IS WASTE?
Hickman v. Peacey [1945] A.C. 304
Re Lindop [1942]Ch.377
Jones v. Jones [1977] 1 WLR 458
Suttill v. Graham [1977 1 WLR 819
LEGAL INTEREST
EqUITABLE INTERESTS
Weaknesses of equitable interests
TyPES OF TENANCIES
4) Tenancy at sufferance
5) Tenancy by estoppel
TERMINATION OF A LEASE
Effluxion of time
Service of Notice
Frustration
OBLIGATION OF LANDLORD’S AND TENANT’S COVENANTS
Landlord’s Implied Covenant
quiet Enjoyment
Fitness for Human Habitation
Covenant to repair
Tenant’s Implied Covenants
Not to commit waste
CONSEqUENCES OF BREACH OF COVENANTS
TyPES OF LICENCES
Licence coupled with an interest
Contractual licence
Licence by estoppel
Clarke v Kellarie [1970] 16 WIR 401
Inwards v Baker [1965] 2 QB 29
The easement must accommodate the dominant tenement
The dominant and servient owners must be different
Copeland v Greenland [1952] ALL ER 809
Grisby v Melville [1973] 1 ALL ER 385
No expenditure of money by the servient owner
Right against land
ACqUISITION OF EASEMENTS
Prescription
TRANSMISSION OF BENEFIT AND BURDEN
Benefit at Common law
The Benefit in Equity
Burdens at common law
COVENANTS IN EqUITy
Express annexation
Implied annexation
Statutory annexation
Federated Homes Ltd v Mill Lodge Properties Ltd [1980] 1 All ER 371
RESTRICTIVE COVENANTS AND SCHEME OF DEVELOPMENT
ExTINGUISHING THE RESTRICTIVE COVENANTS
DISCHARGE AND MODIFICATION OF RESTRICTIVE COVENANTS
WHAT IS A MORTGAGE?
PROTECTION OF THE MORTGAGOR
Biggs v Hoddinott [1898]
Noakes v Rue [1902]
Bradley v Carritt [1903]
Kreglinger v New Patagonia Meat and Cold Storage Co. Ltd [1914]
Cityland and Property (Holdings) Ltd v Dabrah [1967] 2 ALL ER 639
Rights of the Mortgagor in Possession
PROTECTION OF THE MORTGAGEE
Foreclosure
Power of sale
Four-Maids Ltd. v. Dudley Marshall (Properties) Ltd. [1957] Ch 317
Appointment of a receiver
Rights of Equitable Mortgagee
Compensation
Protection of interests
Retribution
Vindication
Loss distribution
Punishment of wrongful conduct
DUTy OF CARE
ACTS AND OMISSIONS
ECONOMIC LOSS
WHAT IS NEGLIGENT MISTATEMENT?
NERVOUS SHOCK
(a) Primary victims
(b) Secondary victims
Greatorex v Greatorex and Others [2000] Times Law Report May 5
UNFORESEEABLE HARM
FACTORS TO BE WEIGHED IN ESTABLISHING BREACH
DEFENDANT’S PURPOSE
PRACTICABILITy OF PRECAUTIONS
GENERAL PRACTICE
SPECIAL STANDARDS APPROPRIATE TO PROFESSIONALS
STANDARD APPLIED TO CHILDREN
REMOTENESS OF DAMAGE
WHAT HAS TO BE PROVED
DISTINCTION BETWEEN LIBEL AND SLANDER
THE JUDGE AND JURy: THEIR ROLES
INGREDIENTS OF DEFAMATION
(1) WORDS MUST BE DEFAMATORy
(2) STATEMENT REFERRED TO THE CLAIMANT
(3) STATEMENT MUST BE PUBLISHED
ELEMENTS TO BE PROVED
1. CONTINUOUS INTERFERENCE
WHO MAy SUE
WHO MAy BE SUED
RyLANDS V FLETCHER
1. The defendant brought something onto his land
2. Non-natural use of the land
3. Something likely to do mischief
2. Common Benefit
4. Statutory authority
6. Default of the claimant
FALSE IMPRISONMENT
THE RULE IN WILKINSON V DOWNTON
LAWFUL ARREST
SELF DEFENCE
1. Liability for cattle trespass
LIABILITy FOR CATTLE TRESPASS
LIABILITy FOR DOGS
ExCLUDING LIABILITy
COMMON LAW LIABILITy
LIABILITy TO TRESPASSERS
TyPES OF DAMAGES
VOLUNTARy ASSUMPTION OF RISK
PARTICIPATION IN ILLEGAL ACTIVITIES
INEVITABLE ACCIDENT
CONTRIBUTORy NEGLIGENCE
REFERENCE
P. 1
CAPE LAW: Texts and cases - Contract law, Tort law, and Real property

CAPE LAW: Texts and cases - Contract law, Tort law, and Real property

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Published by AuthorHouseBooks
Veronica E. Bailey shares a concise, practical approach to the subject of law. The book is written in simple language that will encourage readers to engage with the subject and thus appreciating relevant legal concepts that are encountered in their everyday life.
Veronica E. Bailey shares a concise, practical approach to the subject of law. The book is written in simple language that will encourage readers to engage with the subject and thus appreciating relevant legal concepts that are encountered in their everyday life.

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Publish date: Jul 28, 2012
Added to Scribd: Aug 29, 2012
Copyright:Traditional Copyright: All rights reservedISBN:9781468576986
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