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law section B P3

This class was created by Brainscape user olivia dedicoat. Visit their profile to learn more about the creator.

By: olivia dedicoat
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Decks in this class (18)

Intention to create legal relations
Definition of a contract,
Decided objectively,
Business or commercial agreement
16  cards
offer
The offer,
Two rules for offers,
An invitation to treat is not an ...
19  cards
acceptance
Rules of acceptance,
Felthouse v bindley,
What about if the offeror require...
9  cards
consideration
Consideration,
Can executory or excuted,
Currie v misa
20  cards
privity
The rule of privity of contract i...,
Beswick v beswick,
Due to the harsh outcomes caused ...
14  cards
Terms or Representations
4 factors that a court will consi...,
1 the importance attached to the ...,
Couchmann v hill
12  cards
types of express term
Express term,
Condition,
If a condition is breached by the...
11  cards
implied terms- common law
Implied terms,
Terms implied by common law,
The business efficacy test
12  cards
Implied terms - By statute
Terms implied by statute,
Terms implied by the consumer rig...,
S9 satisfactory quality
13  cards
exclusion and limitation clauses
Exclusion clause,
Limitation clause,
Common law controls the incorpora...
33  cards
misrepresentation - vitiating factor
Vitiating factor makes a contract,
Representation,
Representation becomes misreprese...
24  cards
types of misrepresentation
Three types of misrepresentation,
Innocent misrepresentation,
Remedies for innocent misrepresen...
20  cards
economic duress- vitiating factor
Vitiating factor makes the contract,
Economic duress,
Recquirements
15  cards
discharge by performance
Discharge by performance,
Courts have developed exceptions,
Divisible contracts
15  cards
discharge by frustation
Discharge by frustration,
Force majeure clauses,
D must prove one of
16  cards
discharge by breach of contract
Breach of contract,
Breach can be,
Anticipatory
5  cards
damages - remedies
Damages,
Types of damages,
Nominal damages
19  cards
equitable remedies- injunction/specific performance
Equitable remedies,
Injunction,
Usually prohibitory
20  cards

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law section B P3

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