SHORT GUIDE TO ANSWERING EXAM
o Identify the question
o Identify the applicable law
o Identify the key factors for that particular law
o Identify the key facts (based on the key factors)
CHAPTER 7 DAMAGES AND EQUITABLE REMEDIES
Discharge by performance and agreements present no subsequent problems; the contract is discharged
and thats that.
Discharge by frustration leads to the application of the Frustrated Contracts Act. (Refer to legal
CHAPTER 5 VITIATING FACTORS
Generally, if the parties do not have the capacity to form a contract, the contract is invalid.
A minor is one who lacks capacity to form contracts. The age of majority defines t
ELEMENTS WHICH FORM A CONTRACT - CONSIDERATION AND
Consideration is viewed as the price or compensation for the promise given by one party to another.
Sir Frederick Pollock in Dunlop v Selfridge (
CHAPTER 2, 3
Contract Elements Which Form a Contract
What was the Offer?
In this case, the offeror, _name_, made the offer of _the offer_. It was
communicated from the offeror to the offeree, _name_, by means of _communication
CHAPTER 8 AGENCY
PRIVITY OF CONTRACT
Based on the doctrine of privity, the general rule is that only the parties to a contract can sue and
be sued on it.
Price v Easton (1833) A debtor owed Price 13. The debtor agreed to perform work for Easton on
SOCIETY, BUSINESS & THE LAW
What is Law?
A set of rights and obligations in a given society which are enforceable.
Note: a moral right is not a law it cannot be enforced.
Classification of Laws
Law between individuals
Case Law (Co
CHAPTER 9,10 FORMS OF BUSINESS ORGANIZATIONS
BUSINESS FORM PRIORITY
When a business is owned by a single person, the business is a sole proprietorship.
Ease and Low Cost of Setting Up and Maintenance
A sole proprietorship
CHAPTER 6 DISCHARGE OF CONTRACT
There are 4 ways in which a contract can come to an end:
1. Discharge by performance
2. Discharge by breach
3. Discharge by agreement
4. Discharge by frustration
CHAPTER 2 ELEMENTS WHICH FORM A CONTRACT OFFER AND ACCEPTANCE
A contract is an agreement between two or more parties which is enforceable at law, made in writing,
orally or by conduct.
Terms + no required negotiation + open to accept
For an offer to
CHAPTER 4 TERMS AND EXEMPTION CLAUSES
PUFFS, REPRESENTATIONS, AND TERMS
Puffs are statements which are vague because of imprecision or exaggeration.
Such statements have no legal effect whatsoever.
Dimmock v Hallet (1866) He