Summary Learn LAW for E&BI fast and furious

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TABLE OF CONTENTS
1. CONTRACT LAW
1.1. types of contracts
1.2. contract formation
1.3. contract interpretation
1.4. contract termination
1.5. breach of contract
1.6. vitiating factors
2. TUTORIAL 1
2.1. case 1: battle of the forms
2.2. case 2: the wedding photographer
2.3. case 3: Ryanair vs Hertz
2.4. case 4: South West Terminal Ltd vs Achter Land and Cattle Ltd
3. TORT LAW
3.1. what is tort law
3.2. tort and common law
3.3. strict liability
4. TUTORIAL 2
4.1. case: Brief Hedley Byrne & Co Ltd v Heller & Partners Ltd
4.2. case: Brief Greenman v. Yuba Power Products, Inc.
5. INTELLECTUAL PROPERTY LAW
5.1. IP rights
5.2. copyrights
5.3. trademarks
5.4. patents
6. TUTORIAL 3
6.1. case 1: macaque Milo
6.2. case 2: Harper the perfumer
6.3. case 3: Alex’s pizza business (Celine, grandma)
6.4. case 4: Happy Neapolitan Tilburg Pizza vs. Happy Neapolitan Pasta
7. PRIVACY AND DATA PROTECTION
7.1. processing
7.2. categories of data
7.3. profiling
7.4. consent
7.5. principles
7.6. data subject
7.7. the processing agents
8. TUTORIAL 4
9. CASES

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lecture 4

lecture notes

- understanding contracts
o a contract is an agreement that creates enforceable obligations between two or more parties
o a promise or a set of promises for the breach of
o which the law gives a remedy or the performance of which the law in some way recognizes as duty
o an agreement of will between two or more persons that is intended to create, modify, or extinguish obligation
- types of contracts
o express contracts
 explicit terms: all terms and conditions of the contract are explicitly stated, wither in writing or
verbally
 offer and acceptance: there is an offer by one party and an acceptance by the other
 causa (FR family) or Consideration (EN): the contract must have a purpose or motive, or both parties
must provide something of value, such as money or services
 legal enforceability: the terms of the contract are legally enforceable
o implied contracts
 no explicit terms: the terms and conditions of the contract are not explicitly stated but can be inferred
from the parties’ action or conduct
 mutual agreement: both parties must have a mutual understanding of the terms and conditions of the
contract
 unilateral action: the actions of one party indicate their intent to enter into a contract
 legal enforceability: the terms of the contract are legally enforceable
o unilateral contracts
 one-sided obligation: only one party is bound to perform under the contact
 specific event or action: the performance of the obligated party is triggered by a specific event or
action
 no promise: there is no promise made by the obligated party until the specific event or action occurs
 legal enforceability: the terms of the contract are legally enforceable
o bilateral contracts
 two-sided obligation: both parties are bound to perform under the contract
 mutual promises: both parties make promises to each other
 consideration or causa: both parties must provide something of value, such as money or services or
clear motive and purpose
 legal enforceability: the terms of the contract are legally enforceable
o executed contracts
 completed performance: both parties have fully performed all obligations under the contract
 legal obligations ended: both parties are released from any further legal obligations under the
contract
 legal enforceability: the terms of the contract are legally enforceable
 no further action required: no further action is required by either party
o executory contracts
 a contract where one or both parties have yet to perform their obligations
 examples: a construction contract where the builder has not yet completed the work, or a lease
agreement where the tenant has not yet paid rent
 characteristics: parties are still bound by the terms of the contract, and both parties have future
obligations to perform
 risks: if one party fails to perform their obligations, it may result in a breach of contract, and the non-
breaching party may be entitled to legal remedies such as damages
- contract formation
o elements of a contract
 offer
 an offer is a proposal to enter into a contract
 it must be clear, definite, and communicated to the offeree
o counteroffer - a rejection of the original offer and a new offer with different terms
o it terminates the original offer and creates a new offer

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 acceptance
 acceptance is a unqualified agreement to the terms of the offer
 acceptance must be communicated to the offeror to form a binding contract
o rejection - it terminates the original offer and cannot be accepted later
o silence or inaction does not constitute acceptance or rejection
 causa (French legal family) and consideration (common law)
 causa (only in some countries of French tradition)
o refers to the purpose or motive for entering into a contract
o it must be lawful and have a legitimate purpose
 consideration (only on common law systems)
o is something of value given in exchange for a promise
 consideration must be sufficient but need not be adequate (Chappel & Co v
Nestle)
 past consideration is no consideration (Re McArdle)
 performance of an existing duty is no consideration (Stilk v Myrick)
 part payment is not good consideration (Pinnel’s Case)
 capacity
 refers to the ability to enter into a contract
 minors, or individuals with mental incapacity and intoxicated individuals may lack capacity
 legality
 contracts that are illegal or against public polity are void and unenforceable
 illegality may result from a violation of statute, public policy, or an immoral purpose
o statute of frauds
 legal doctrine requiring written contracts
 prevents false claims of oral agreements
 covers sale of real property, high-value goods, long-term contracts and more
 exceptions include partial performance, admission, promissory estoppel, custom-made goods, and
unjust enrichment
- contract interpretation
o principles of contract interpretation
 Plain Meaning Rule
 literal interpretation of words
 Parol Evidence Rule
 written document prevails over later evidence
 Contra Proferentem Rule
 ambiguities resolved against drafter
o types of contract ambiguity
 patent ambiguity
 obvious uncertainty in meaning
 latent ambiguity
 hidden uncertainty in meaning
o resolving ambiguities
 Rules Of Construction
 interpreting contract language rules
 External Evidence
 using evidence outside contract terms
- contract termination
o termination is the ending of a contract
o it can occur when a contract is completed, when it is cancelled, or when it is breached
o it releases both parties from their obligations under the contract
o termination can be voluntary or involuntary
o termination by performance
 both parties have fulfilled their obligations under the contract
 it is the most common way contracts are terminated
 once the contract is completed, both parties are released from any further obligations
 it is important to ensure that all aspects of the contract have been performed before termination

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o termination by agreement
 termination by agreement occurs when both parties agree to end the contract
 it can occur at any time, even if the contract has not been fully performed
 the terms of termination should be clearly outlined in the agreement
 it is important to ensure that all parties agree to the terms of termination
o termination by operation of law
 termination by operation of law occurs when a contract is ended by a legal rule or regulation
 it can occur when a party becomes bankrupt or dies
 it can also occur when a contract becomes illegal or impossible to perform
 termination by operation of law can release both parties from their obligations under the contract
- breach of contract
o “a breach of contract occurs when a party to a contract fails to fulfill its obligation(s), whether wholly or
partially, as described in the contract." - Black's Law Dictionary
o "a breach of contract is an unjustified failure, without the consent of the other party, to perform any promise
which forms the whole or part of the contract." - Chitty on Contracts
o types of breach
 minor breach
 insignificant deviation form contract terms
 material breach
 significant deviation form contract terms
o remedies for breach
 damages
 monetary compensation for loss
 specific performance
 court-ordered performance
 rescission and restitution
 contract cancellation and compensation
 liquidated damages
 pre-determined compensations for breach
- vitiating factors
o mistake
 an erroneous belief held by one or more parties in a contract
 types of mistakes
 mutual mistake: both parties are mistaken about a fundamental aspect of the contract
 unilateral mistake: only one party is mistaken, and the mistake is not known to the other
party
 effect on contract
 mutual mistake: contract may be voidable by either party
 unilateral mistake: generally, the contract remains enforceable unless specific circumstances
apply
o duress and undue influence
 duress: coercion or threats that force a party to enter into a contract against their will
 physical duress: threats of physical harm
 economic duress: threats of financial harm
 undue influence: one party exploits a position of power or trust to unfairly persuade another party
 often seen in relationships of trust, such as between family members or caregivers
 effect on contract: contracts entered under duress or undue influence are typically voidable by the
victimized party
o misrepresentation
 A false statement of fact or law that induces the other party to enter into a contract.
 types of misrepresentation:
 innocent misrepresentation: the party making the false statement genuinely believes it to be
true
 negligent misrepresentation: the false statement is made without reasonable grounds for
believing its truth
 fraudulent misrepresentation: the false statement is made knowingly, with intent to deceive