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SMH Legal
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Decks in this class (12)
Agreement
Who is the person who make the offer,
Who is the person who receives th...,
What is an offer
33
cards
Intentions to create legal relations
What makes an agreement legally b...,
What is the legal presumptions fo...,
What is the legal presumptions fo...
11
cards
Consideration
What is consideration,
What are the different forms of c...,
Does consideration have to be ade...
14
cards
Parties to a contract
What is privity of contract,
What does the rule of privity of ...,
What is the situation if a contra...
14
cards
Capacity
Advising on contracts entered into by Minors, persons lacking mental capacity; and operations.
8
cards
Contents of a contract
Identifying the express and implied terms of a contract; and classifying contract terms to advise on the remedies available for breach
35
cards
Exemption Clauses
Advising on the incorporation and construction of exemption clauses; advising on the statutory controls of exemption clauses and advising on the reasonable test in the unfair contract terms act 1977
22
cards
Damages
Identyfing recoverable types of loss; calculating the amount of damages; and advising on the limitations to recovery of damages
16
cards
Equitable and Other remedies
• 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.
21
cards
Termination
• 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
22
cards
Duress and Undue Influence
• Advising on the validity of contracts and contractual variations entered into under illegitimate threats and pressure.
• Establishing duress and undue influence.
• advising on how undue influence of a third party may vitae a security contract.
25
cards
Mistake and Illegality
Recognising when a client may need to argue a contract is void for mistake or illegality.
Advising on the different types of mistake and advising on when, and how a contract may be illegal.
12
cards
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CONTRACT
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