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SMH Legal
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Decks in this class (43)
Legally enforceable agreement (Offer and acceptance)- FS
What are the three core elements ...,
What test is used by courts to de...,
What makes an offer legally valid...
11
cards
Goods on display (Offer and acceptance)- FS
In contract law how are goods dis...,
At what stage in a shop transacti...,
What role does a customer play wh...
5
cards
Invitations to tender, Auctions, Termination of offer - rejection (Offer and acceptance)- FS
What is the general legal classif...,
Under what circumstances can an i...,
In an auction setting how is the ...
10
cards
Termination of offer - lapse of time, Death of a party, Revocation of an offer (Offer and acceptance)-FS
When does an offer lapse due to t...,
How is the reasonable time for ac...,
What is the effect of the death o...
10
cards
Acceptance (Offer and acceptance)- FS
What are the essential requiremen...,
What is the legal consequence of ...,
When does a request for further i...
9
cards
Consideration - Part 1 (Contract Formation)- FS
What is consideration in contract...,
What is the difference between ex...,
What is the rule regarding the su...
8
cards
Consideration - Part 2 (Contract Formation)- FS
What are the three essential requ...,
Is performing an existing contrac...,
Is exceeding contractual duties v...
8
cards
Consideration - Part 3 (Contract Formation)-FS
What is the equitable doctrine of...,
What conditions must be met for p...,
What is the shield not a sword pr...
8
cards
Intention to create legal relations- FS
What is intention to create legal...,
What is the presumption for comme...,
What is the presumption for domes...
8
cards
Domestic agreements-FS
What is the general presumption f...,
How can the presumption of no leg...,
What is rebuttable presumption do...
8
cards
Capacity (Formation)- FS
What is meant by capacity in cont...,
Who is presumed to have full lega...,
What statute governs mental incap...
17
cards
Privity of contract - the rule (Parties)-FS
What is the doctrine of privity o...,
Privity of contract 2,
Can a third party enforce a term ...
10
cards
Privity of contract - circumventing the rule (Parties)- FS
What is the main problem with the...,
What are the common law methods o...,
What is assignment in the context...
10
cards
Rights of third parties- FS
What is the contracts rights of t...,
What rights does the act confer u...,
Does the act abolish previous com...
14
cards
Variation and double liability (Parties)- FS
Under what conditions can the ori...,
Communication of assent section 2...,
Can parties contract out of the t...
8
cards
Further exceptions to the doctrine of privity-FS
Can contracting parties exclude t...,
Guarantor s right of subrogation 2,
What principle allows a guarantor...
14
cards
Express terms v Representations (Contract terms)- FS
Contractual terms 1,
What are express terms in a contr...,
What are implied terms 3
19
cards
Incorporation of terms (Contract terms)-FS
Incorporation of terms 1,
What are the three main methods b...,
What is the legal effect of signi...
19
cards
Terms implied in fact and in law (Contract terms)-FS
Implied terms 1,
When is a term implied through a ...,
Types of implied terms 2
30
cards
Exemption clauses (Contract Terms)- FS
What is an exemption clause in a ...,
What are the two common law requi...,
What are the three methods of inc...
24
cards
The classification of terms (conditions, warranties and innominate terms)-FS
What is a repudiatory breach 1,
What are the two options availabl...,
What is the legal consequence of ...
17
cards
An untrue statement (Misrepresentation - Vitiating factors)-FS
What is an actionable misrepresen...,
What are the core elements of an ...,
Can conduct constitute misreprese...
15
cards
A statement of fact - Part 1 (Misrepresentation - Vitiating factors)-FS
What type of statement must be ma...,
Can a statement of opinion amount...,
Can a statement of law be treated...
8
cards
A statement of fact - Part 2 (Misrepresentation - Vitiating factors)-FS
When can a statement of opinion b...,
Why might a seller s opinion abou...,
What happens if a seller makes an...
8
cards
The statement must be made by one contracting party to the other (Misrepresentation - Vitiating factors)-FS
What must be proven to establish ...,
Who must the misrepresentation be...,
Can a misrepresentation claim be ...
4
cards
The statement induces the claimant to enter into the contract (Misrepresentation - Vitiating factors)-FS
What must be proven after showing...,
What is the test for whether a re...,
What is the legal effect if a rep...
8
cards
A statement by a person of their future intention is not a misrepresentation if the representor changes his mind (Misrepresentation - Vitiating factors)-FS
Can a statement of future intenti...,
Is it a misrepresentation if a pa...,
What is the legal principle behin...
6
cards
Fraudulent Misrepresentation (Misrepresentation - Vitiating factors)-FS
What are the three categories of ...,
What constitutes fraudulent misre...,
What is the standard for reckless...
8
cards
Negligent Misrepresentation (Misrepresentation - Vitiating factors)-FS
What is negligent misrepresentati...,
What must a claimant prove in a c...,
Who bears the burden of proof onc...
8
cards
Innocent Misrepresentation (Misrepresentation - Vitiating factors)-FS
What is an innocent misrepresenta...,
What must a representor prove for...,
What remedy is available to the r...
6
cards
Rescission - Part 1 (Misrepresentation - Vitiating factors)-FS
What is a fourth bar to rescissio...,
When is an innocent third party p...,
Can rescission reverse ownership ...
6
cards
Rescission - Part 2 (Misrepresentation - Vitiating factors)
What is the legal effect of misre...,
What is the purpose of rescission...,
Is rescission available for all t...
9
cards
Common mistake (Mistake - Vitiating factors)-FS
What is the legal consequence whe...,
How does a void contract differ f...,
What is res sua in the context of...
8
cards
Mutual mistake (Mistake - Vitiating factors)-FS
What is a mutual mistake in contr...,
When will a contract affected by ...,
How does mutual mistake differ fr...
8
cards
Unilateral mistake (Mistake - Vitiating factors)- FS
What is a unilateral mistake in c...,
When does a mistake as to the exp...,
What are the three types of unila...
12
cards
This is a summary of the law of mistake in contract (Mistake - Vitiating factors)-FS
What is the legal effect of a com...,
What happens if there is a common...,
When is a contract void for commo...
8
cards
Illegality at formation (Illegality - Vitiating factors)-FS
When is a contract considered ill...,
What is the legal effect of a con...,
Give an example of a statutory pr...
7
cards
Illegality performance of contract (Illegality - Vitiating factors)-FS
When is a contract unenforceable ...,
Can a party recover damages under...,
What is the legal position if onl...
8
cards
Damages-FS
What is the primary aim of awardi...,
What is the expectation measure i...,
List the three methods used to ca...
62
cards
Equitable and Other remedies- fs
• Suing for the price or for a reasonable sum for goods/work supplied.
• Obtaining a court order to compel a party to perform a contractual obligation or otherwise stop a breach.
• Advising on recovery of sums paid under a contract;
• Advising on damages awarded on a restitutionary basis
• Advising on guarantees and indemnities.
42
cards
Termination- FS
• Advising on when a party may be entitled to terminate the future performance of a contract breach
• Advising on when a contract will be terminated by frustration and the effects of frustration.
• Identifying the right and remedies of parties where performance of the contract is not complete and precise
83
cards
Limitations on the doctrine of frustration- FS
What is one key limitation to the...,
Why won t increased costs or diff...,
How do courts typically view clai...
22
cards
Limitations to remedies-FS
What are the three key limitation...,
What must a claimant establish to...,
Can factual causation still be es...
31
cards
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CONTRACT
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