GDL Contract Law (Distinction)2023

GDL Contract Law Revision Notes (Distinction)2023 GRADED A CONTRACT LAW REVISION NOTES GDL (University of Law) Flowcharts Formation of Contracts Breach of Contract – Express TermsBreach of Contract – Implied Terms Exemption Clauses Doctrine of Frustration False Preliminary Statements Undue Influence Economic Duress Key Authorities Formation of Contracts Breach of Contract Remedies for Breach Discharge of Contract Preliminary Statements Consent to Contract Agency Negotiations and Tenders All notes correct and Distinction worthy as of academic year 2019/20 Is there an agreement? “An expression of willingness to contract on certain terms, made with the intention that it shall become binding as soon as it is accepted by the person to whom it is addressed” – Professor Treitel Distinguished from an ‘invitation to treat’ OFFER “A final and unqualified expression of assent to the terms of an offer” – Professor Treitel This must be communicated by the offeree or their authorised agent, unless a unilateral contract or specified that silence = acceptance ACCEPTANCE There must be certainty of offer and acceptance – Scammell v Ouston The offer must not have been revoked or lapsed Was there contractual intention? There is a presumption of intention to create legal relations (Edwards v Skyways) But this may be rebutted if there is specific wording (Rose & Frank Co v Crompton Bros) COMMERCIAL AGREEMENTS There is a presumption of no intention to create legal relations (Balfour v Balfour) But this may be rebutted in specific circumstances (Merritt v Merritt) NON-COMMERCIAL AGREEMENTS Has consideration been provided? “The price you pay for another’s promise” It need not be adequate but must be sufficient (Chappell v Nestle) What is provided should either be of benefit to the receiver, or detriment to the giver (Currie v Misa) It must have some economic value (Thomas v Thomas) CONSIDERATION Identify any issues with the consideration provided Is not normally sufficient (Roscorla v Thomas) unless: Act at promisor’s request (Lampleigh v Brathwait) AND understanding of reward (Re Casey’s Patents) AND otherwise a valid contract PAST CONSIDERATION Is not normally sufficient (Stilk v Myrick) unless: Duties are exceeded (Hartley v Ponsonby) OR extra benefit is conferred on promisor (Williams v Roffey Bros) CONTRACTUAL DUTY Is not normally sufficient (Collins v Godfrey) unless: Public duty is exceeded (Glasbrook Bros v Glamorgan CC) OR would not be contrary to public policy (Williams v Williams) LEGAL DUTY FORMATION OF CONTRACTS Have any alterations been made to the contract? See above Are there any issues with consideration for these alterations? Were there any third parties involved? The relationship that arises where one person acts on behalf of another and has the power to effect their legal position with regards to a third party An agent may have: Actual authority – created by express appointment Ostensible authority – where the principal represented that the agent had authority; the third party relied on this representation; and the third party altered their position due to this