CHAR_A01.PDF, page 1-18 @ Normalize ( CHAR_A01.QXD )

Discuss how terms implied into certain contracts by custom, especially within a trade, as in a ‘course of dealing’, or in a geo ...

Chapter 7:Types of terms within a contract Question 1 The question invites you to consider whether it is an advantage to have th ...

the terms – Schuler v Wickman Machine Tool Sales Ltd; statute may specify; ‘course of dealing’ – British Crane Hire Corporation ...

Chapter 8: Exemption clauses Question 1 Identify the existence of exemption clauses in these incidents and explain, briefly, the ...

Question 4 This question involves the same material as the answer to Question 3, but worded a little differently. Explain that ...

Secondly there is a question of whether legal intent exists, as Ursula and Victor are neighbours and there is a presumption of ...

through cases, the hardships caused by it to those who would like to benefit as third parties. Develop a point of view on the w ...

Compare economic duress with legitimate commercial pressure – Atlas Express v Kafco, Williams v Roffey; again, relate this to t ...

Question 5 The question uses the same material as Question 3, but takes a particular view, rather than asking you to just ‘criti ...

Define misrepresentation and explain why it may help Ben. Deal with the claims made by Bill. There may be a mere commendation o ...

Apply these principles to the facts of the situation involving Bill and Conn. Part (b) involves the doctrine of frustration (s ...

Zanzibar v British Aerospace. Available for both fraudulent and non- fraudulent misrepresentation. Explain the remedy of damage ...

Explain the nature of unilateral mistake and what is needed for it to be operative. Remember the requirement that one party has ...

Then consider the issue of mistake over identity and whether this might make the contract void. Refer to cases such as Phillips ...

Use the material in the answer to Question 4 to answer this question, but tailor your argument to respond to the issue raised, ...

Explain that the issue with illegality is often whether the contract formed was illegal at the outset by its very nature, or il ...

the whole contract is not necessarily void, and severance may be possible; the court may strike out offending words leaving the ...

Question 3 This question is a good one to use in order to practise an essay type answer, and also to ensure that you know about ...

Question 6 This question concerns the reason for the doctrine of frustration, and focuses on the legal effects of it. Define fr ...

Chapter 15: Remedies Question 1 Explain that the usual remedy for breach of contract is damages, and that these may be liquidat ...