Offer And Acceptance

Summary of Facts:

“summarize the facts of the case and set out the primary issue on whether a contract is formed
between the parties or not based on the law of offer and acceptance”

Box 1: “determine whether the contract that may be formed will be unilateral or bilateral in nature”

Box 2: “just see if the initial communication between the parties would be considered as an offer or an
invitation to treat”

Box 3: “based on the subsequent conversations – do a step by step analysis and determine finally who
is the offeror and who is the offeree and find the standing offer”

Box 4: “lock the date and time of acceptance based on the general rule or exceptions whichever are
applicable”

Box 5: “if there is acceptance then see if the offer (by the offeror) or acceptance (by the offeree) is
being withdrawn or not before the actual acceptance – if yes, no contract, if no then contract formed.”

Frustration
Summary of Facts:

“summarize the facts of the case by identifying the number of contracts formed, the performance of
the parties, identify which party has breached the contract and state that the other party will sue but
since the non – performance is due to an external event, the breaching party will raise the doctrine of
frustration”

Box 1: “define frustration and see from your facts if it is passing or not – do mention the areas where
frustration is not given by the courts”

Box 2: “assuming if frustration fails – then move to termination and damages”

Box 3: “assuming if frustration passes – then we need to determine the remedies – if advance
payment (s.1(2) and if valuable benefit s. 1(3))”
 Consideration
Summary of Facts

Apply the relevant box to each Situation which is applicable and give conclusion whether promise
binding or not

General Past Consideration ED to ED to ED to ED to Promissory

Rules Law Promisor pay Debt third Estopple
party

Misrepresentation

Summary of Facts

Box 1: “identify the false statement of fact first and write definition of the same, if there is no false
statement of fact then move to find conduct, statement of intention or silence (exceptions)”

Box 2: “prove inducement based on the false statement of fact, conduct, statement of intention or
silence as proven above and conclude that the defendant will be liable for misrepresentation”

Box 3: “Categorize your misrepresentation – disapprove fraud and common law negligence and
initiate claim under statute – see if the defendant can discharge the burden of proof, if he can, then
innocent misrepresentation, if he cannot then liable under statute”

Box 4: “finally prove the remedies which are available – recession and / or damages”

Mistake

Summary of Facts

Box 1: “determine whether the mistake is unilateral or bilateral”

Box 2: “if bilateral then determine if it is a common law mistake (if yes, apply the category and see if
the contract is valid or void – if contract being valid or void leads to injustice then discuss equity
mistake but fail it as it no longer applies) or cross purpose (if yes, apply the objective bystander test
and see if the contract is valid or void)”

Box 3: “if unilateral, then see if the mistake is of terms (apply the test for terms then and see if the
contract is valid or void) or identity (see if inter absentis or inter presentis applies and check with
whom the contract is made (existing person or fraudster) and determine if the contract is valid or
void)”

Performance Breach & Damages

Summary of Facts

“Identify the contract and the performance of each party and specify that who has potentially
breached the contract and who will sue”

Box 1: “The first issue is to determine whether the breach in question will be considered as an actual
or anticipatory breach”

Box 2 (if anticipatory breach): “if there is anticipatory breach, then we need to see if the innocent
party can affirm or will have to terminate and claim damages”
Box 2 (if actual breach): “if there is actual breach then we need to determine if the contract was of
goods of services and apply the standard of care and see if there is breach or no breach”
Box 3 (if actual breach): “if there is breach then see if the term breached is a condition, warranty or
innominate term and then determine whether the innocent party can terminate the contract plus
claim damages or only damages”

Box 4 (for both actual and anticipatory breach): “determine the calculation of damages based on the
general rule, measure of damages and other aspects and conclude”

Unfair Terms

Summary of Facts

Box 1: “determine whether the unfair clauses are incorporated in the contract or not – by signature,
reasonable notice or previous course of dealings”
Box 2: “determine whether the clauses pass the contra preferentum rule – check language is clear and
covers the breach of not”

Box 3: “determine if the contract is B2B or B2C”

Box 4: “if B2B then see if it is an exclusion or limitation clause and then apply UCTA on it and conclude
if the clause is applicable or not – test of reasonableness – common sense analysis based on broad
guidelines given in UCTA and case law”

Box 4: “if B2C then apply CRA 2015 and see if the unfair clause is valid or invalid”