About the Lawcards Series
Contract Lawcards
1) Agreement;
- greement
- Unilateral and bilateral agreements
- Offer
- Invitation to treat
- Display of goods
- Advertisements
- Auctions
- Tenders
- Termination of offer
- Acceptance
- The Postal rule
- Electronic communication
2) Consideration;
- Definition of consideration
- Types of consideration
- Performing an existing duty
- Exceptions – Implications of Williams v Roffey Bros
- Part payment of debts – Pinnel’s Case
- Promissory Estoppel
- Intention to be legally bound
3) Contents of a Contract;
- Distinction between terms and representations
- Identification of express terms
- Parol evidence rule
- Identification of implied terms
- Implied terms of fact
- Terms implied in law
- Classification of terms
- Conditions
- Warranties
- Innominate terms
4) Exemption (Exclusion or Limitation) Clauses;
- Incorporation
- Unfair Contract Terms Act (UCTA) 1977
- Reasonableness test
- Unfair Terms in Consumer Contracts Regulations 1999
- Unfairness
5) Vitiating Elements which Render a Contract Voidable;
- Rescission
- Bars to rescission
- Misrepresentation – requirements
- Remedies for misrepresentation
- Damages for misrepresentation
- Duress
- Economic duress
- Remedies for duress
- Undue influence
- Effect of undue influence on a third party
6) Mistake;
- Effect of mistake
- Common mistakes
- Mutual and unilateral mistakes
- Mutual mistakes concerning the identity of the subject matter
- Unilateral mistake concerning the terms of the contract
- Unilateral mistake as to the identity of other parties to the contract
- Mistake in equity
- Refusal of specific performance
7) Illegality and Capacity;
- Illegality
- Effects of illegality
- Exceptions
- Contracts in restraint of trade
- Restraints on employees
- Restraints on the vendor of a business
- Exclusive dealing agreements
- Effect of restraint
- Capacity
- Minors
- Restraints on the vendor of a business
8) Discharge;
- Performance
- Agreement
- Breach
- Anticipatory breach
- Frustration
- Limits to the doctrine of frustration
- Effect of frustration
9) Remedies for Breach of Contract and restitution;
- Methods of compensating the claimant
- Quantification of damages
- Remoteness of damage
- Application of the remoteness rules
- Type of loss recognised – pecuniary/non-pecuniary
- Causation
- Liquidated damages
- Equitable remedies
10) Privity of Contract;
- Doctrine of privity
- Statutory exceptions
- Agency
- Attempts to allow the promisee to enforce the contract on behalf of the third party
- Damages
- Attempts to impose obligations on third parties