LLAW1001 Notes - Tuesday 14 March y LLAW1001 Notice-Find...

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Tuesday, 14 March y LLAW1001 Notice - Find material facts from Tritel by searching the case from the case list - Focus on reading the judges' own opinion - The headnote of the case report also shows the facts Topic 1 - Offer and acceptance, intention to create legal relations General ideas: The life of a contract: A. Creation/Formation of a contract (legally-binding promise) - The requirements of forming a contract B. The terms of the contract C. The grounds for not enforcing the contract - Duress: It was originally based on physical violence - occurs when the victim is pressured/threatened to enter into a contractual relationship - Misrepresentation: The other party entered the contract by relying on false information/mistaken facts as stated on the offer (By relying on the fact that the phone being sold is a brand-new iPhone 6s, the victim accepted the contract - The phone is indeed a counterfeit) - Mistake: Undue (exceeding what is appropriate or normal) influence - Illegality: Requirements of the formation of the contract: - Certainty - Consideration - Intention to create legal relations (Whether the parties have intended to create a legal relation) - A contract is a legally-binding agreement (In a contract, each party accepts a legal obligation and each party may seek for a remedy in case of breach) - Offer - Acceptance Offer Objective test of agreement: An apparent intention to be bound is sufficient - i.e. the offeror induces a reasonable person to believe that he intends to be bound 1
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Tuesday, 14 March y Inertia selling: The dispatch of goods without any prior request from the recipient - it is regarded as a gift to him rather an offer to sell Offer - a statement issued by one party showing its willingness to enter a contract once it has been accepted It can be in the form of writing, speaking or by conduct Whether an offer can be inferred in the form of inactivity : Invitation to treat: Willingness to negotiate which hopefully can result in the formation of a contract at a later stage (invite the other party to make an offer) A statement may be considered as an invitation to treat if the wording is not conclusive - An offer subject to certain restrictions may be regarded as an invitation to treat and a contract may not form if the terms are satisfied by the offeree Riding a bus: The passenger gives out the offer as soon as he gets on the bus and tap his octopus card - the offer is accepted when the bus accepts the payment from the passenger (the offer will not be accepted if the bus is full - the bus driver will stop the passenger from tapping this octopus card) . Display of goods in shops General law: The display of goods on shelves is an invitation to treat . - Based on commercial sense the seller will not intend to make an offer since it might run out of stock (If the good displayed are offers, the seller will breach the contract if it doesn't sell the good to the customer, as the contract would be formed as soon as customers accept the offer)
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