1.1 What is a misrepresentation?
Misrepresentation is an unambiguous, false statement of fact or law which is addressed to
the party misled, which is material, and which induces the contract.
1.2 Statement of existing fact or law
The illegality doctrine relates to contracts which are illegal or contrary to public policy
illegal contracts). Contracts may be tainted because:
making such contracts is itself prohibited, or
more usually because its means (the
DURESS, UNDUE INFLUENCE AND UNCONSCIONABILITY
Where an agreement is procured under duress by the illegitimate pressure of a party,
that agreement is voidable and liable to be set aside by the other party.
Two requirements for duress Universe Ta
Mistakes operate independently of the parties intention as expressed or implied in the
Where both contracting parties have not reached an agreement because one or both of
them might be istaken as to the others intention, offer and
REGULATION OF TERMS
ALWAYS ASK YOURSELF- WHAT TERM, EXPRESS OR IMPLIED, DID HE
UCTA only applies on exemption clauses after it is determined that the statement: i) is a term
of the contract, ii) is incorporated into the contract,
Privity and the CRTPA
WHICH CONTRACTUAL EXPRESS TERM BENEFITS THE THIRD PARTY?
The rule of privity: only promisees can enforce promises in a contract.
The doctrine of privity restricts the parties who can sue or be sued on a contract. Thi
Terms of Contract
A Contract is composed of a number of terms. The terms of contract define their rights and
Freedom of contract under English law. However such freedom is not unlimited;
Parliament has in recent years interv
1.1 Development of interpretation in English Common Law
The trend in interpreting contracts has been from a literal (Lovell and Christmas Ltd v
Wall ) to a contextual approach.
Consistent with the parol evidence rule, the contracts
IDENTIFYING CONTRACTUAL TERMS
Express terms: specifically agreed by parties. Express terms can be in writing or oral or both.
Implied terms: those that are read into (added to) the contract by the courts, by custom or by
1.1 Exclusion of evidence
OBJECTIVITY AND AGREEMENT
1.1 Test of intention: Objectivity and Mistake as to Terms
The objective approach: how a reasonable person would interpret a party's intention from his
conduct in all the circumstances.
The appearance of agreement is enough to si
WHICH PROMISE IS NOT SUPPORTED BY CONSIDERATION?
The essence of the doctrine of consideration is that a promise cannot enforce a promise unless he has
given or promised to give something in exchange for the promise or unl
Intention to create legal relations
First conceptualized and expressly stated by Lord Atkins in Balfour v Balfour.
He gave a general application rationale for this belief (floodgates).
1.1 There is a presumption against intention for legal relations in so