Professional Documents
Culture Documents
t aw :
-
All cases under expectation
judge
-General idea of
contract l aw is i t
t h at expectation is or
met not
concerned
right expectations.
The a re
e l e m e n ts
Important of contract:
①
Agreement
②
iegality
enforceable
-Agreement
l aw.
at
word
agreement
means:
exchange
as
property.
consent
② of
meeting
minds.
property rights),
or and breached,
it is
missing.
ownership
rights
this means consent Lit
0
yo u can use it
② other
prevent from it.
using
Yo u can
③
Destroy
it
or transfer it.
enforceable
Agreement
l aw :
at
① Formation
③
Remedies, if contract is breached and expectation a re met
not (IF problem in
Agreement
Lau
Offer and
Per formance
Remedies
Disputes:
① N eve r wa n te d to enter
Agreement:
& reached not.
Agreement
consent or
② because decided
objectively.
However, consent
is an i n te r n a l matter, will
it be
Or them
③ Intention to bind.
If it
is
display legal
-
statment
consent, a o f fe r.
party feeling
About what is
say
1 0 0 %c o n s e n t inter-
judges
don't k n ow
they
cannot as
nalty.
judgeobjectively.
internal have
judges
is
-consent and to
D eFn dent
Respondent.
> plaintif
(bringing plaint
body.
case, first either of
goverment
is g ove r m e n t
coming
·
In a cri m i n al the name or a
any
l aw
any
-w h e n decision is be reversed, is
appeal"i n a b ove in
wanting
a to t h e re the court
heir
archy
is
right
-
Appeal n on
t atural
bringing
is apparent
-party
appeal
is
-party
respondent.
against appeal
ci t at i on te l l s where reported
original
-
the l aw wa s
-
A client
can m a ke o f fe r an d the menu is Invition to Offer.
made
offer, it offer is
legal
-Acceptance is then it
change
to
response to ro o m a
not
8 FF 5.
Not
genuine
-
a mistake
-
Problem in OFFr
is
Delivery acceptance.
-
delivery
Also the performance, as wa s completed.
o but
fc o n t r a c t
judges
don't
see whats so
internally
claimant
get
-
can out courtwa s
-> Storer
-
cour ts decision was in favour ofc l a i m a n t .
it offer.
By maybe
-
it
means notan
-
Detention of offer and intention to bird.
↳) ofi n fo r m a t i o n .
supply
invention bind
willingness
-No to 58 no
offer, no to sell it
-A ofi n fo r m a t i o n be offer.
supply
can a
final but
telegram
-
c l a i m a n ts wa s an offer there was no
acceptance.
LossnityPracing wetan
offer. Rues out
in
be classified as
↳canbeassite
↳I c a n accept
afanarter.Sitewithswobiteore
.
in
·Advertisment o f fe rs
generally
a re not
universal offe r
conduct.
-> Acceptance by of Acceptance.
wa s part
->
Buying Bind.
offer Intention
displaying
to
-> Adver tisment
-
OFFer in Literal verbal sense.
ofI n fo r m a t i o n is a 87 an offer.
-supply
-Does an offer need to communicated?
Generally
-
no
orirreg:"","".
③ Acceptance will depend on n a t u re of
o f fe r
O r fe r
① within a bilateral contrac t
neccesary.
mot
-
wa i ve r o f fs
-
Postal Offer
8 FFy
Na +4 0
Requiremento f
objectively
Intention communication
generally
information, be communicated.
always
or
y
-
Exception
3 to
respond to an OFFS:
ways
① Rejection offer
original
no stands.
longer
②
Binding.
Acceptance
③ offer
original
Counter Offer stands.
longer
no
Acceptance
of
requirement
1a +4 8
objectively
In e n t i
+
Mir r88 communication
image
to bind An acceptance m u st
be communicated
always
exception
OF GA D
right
40
1 a+ Tim to com m
u niversal based
Rights
probability
different in
Offer:m a d e entire
miscommuni-system.
to
An offer m u st
essential. Offer
nity. anything
When acceptance is
be communicated.
ways needed,
signed
offer becomes recieved,
your
not a it
Exception
unilateral with per for mance sent. So its
only
contract
Acceptance is sent. r it or
zed as waiver
-
An offer is made for a particular period of time.
-
An Open Offer > unlimited time
if have l oo ft i m e is n ot
deny acceptable.
can
court t a ke n which
your
a t
you
-
Enforcibility:
-For a
promise to be enforceable, s hould
it be backed
by something
of
economic value (except
gifts).
direction.
in
opposite
going
consideration
something going against
the is
promise
-consideration
required:
is
② Filter
A for the cases.
③ for
judging
standard
A a serious case from a non serious case.
-consideration of
I ntention bind.
sign
is a to
of
giftdeed, enforceability
-on basis is a problem.
-
sale deed is void consideration.
without
Regarding
Rules consideration:
① Nominal value.
②
decide
rightinfringment
is retail or not.
ordinary
it s ale n ot o
copy
-we a t h e r an or t
judges
job is
judge judge legality.
- to
not a value butt o transactions
consideration be
must be sufficent need
but not a
dequate.
* 6P General
=
public
Enforcibility
is consideration
can
existing good
not
duty
duty,
I court
said has police went
a b ove their of
conflic t person, P
pay
as
manager
to
person who made a will
Past
c onsideration notconsideration.
generally
promise in of
time hence past
corresponding
consideration not ter m consideration.
good
I c onsideration
past not consideration.
Issue of
u nfair ness ex i st
might
- not
Realism
Legal
-
of
existing good
consideration
obligation
-per for mance contrac tual is contractual benefit.
not
except
exception to consideration
Equitable
the
EstOppeL
intention. someone
capacity:Ability
to produce contractual Applicable
Not on m i n o rs with medical impairment
-F
seriously. Capacity
of aurisdiction.
requirementions
is
having capacity
Not means t h al
t aw w i ll t a ke
you
not a
Intention c re a te relations
legal
to
&
Agreement Enforciability:
needed in
Things
n ot
① Mist a l
② misrepresentation fa l l
A statment of
fa c t
that enduces someone to e n te r into contrac t
contrac t
negated
consent hence no
unfairly
Have
you
agreements enforcibility
regated.
-It under
signing
t h re a t ,
illegal, agreement
If is is due but
enrowcibility.
-
s u b st a n c there to mutual consent no
-
Intention of misrepresentation is not part of
contract
l aw
Innocent, fraudulent.
negligent,
-
miS +aRe:
-
unilateral mistake:
m a ke s m i st a ke
party
-one
party
-
-
B i l ate r al m i st a ke :
both
by
-
made par ties:
negate
the contract.
②
Quality enough.
m i s t a ke Not a serious mistake, e ve n
Not mutual
①
Greatp e a c e
shipping
& Bell Us llvar brothers.
of
point dispute will rise dispute or multiple
grounds.
one
legal give
to
where are the ter ms Express terms (can see) (Face of the contrac t
Fum previous
by dealing
s ale s of Goods Ac t :
① Reasonable
quality
② Fit For its purpose
(term performancel
damages.
condition I
serious the level
compensation or
monetry
is ter m a
warranty
not
null from
(Seriousness) ↓ Ce OF
Arguing
b l ow parties unenforceable
agreement may
contract: t wo that
For power
[Arguing
of reasons. If with defect, then
legal
with contrac tation
party
number the accepts contrac ts
any
continues. (For mation Problem) Per formance
② u n e n fo rc e a b l e problem is
requires
void vo i d in both par ties
Inherently
con t rac t : con t rac t it one or
participate in different.
illegal
to an ac t.
ents)
party
p e r fo r m s portion of
their
obligation
a
of
bischarge
contract:
bound
discharged. by
A is it:
longer
contract No
Parties.
arguments
-
to t a ke
per ② first
page day
conclusion
give
-one
③
judges,
emailed.
Engage
the what I am wan t to derive
you
-
>parallel of
-
Produce evidence but within evidence. ⑤
sequencial Argument arguments.
⑥ direction.
sequencial
=
x am!
(likely
Problem q u e st i o n s l i ke done in class fa c ts and then advice.
analyze give
-
and
outcomes precedent.
citing
-> maximum
pages.
2 -