Fung Yuk Oi Esther 52285698 LW2602B Contract II
Word Count: 1498
Question:
The Misrepresentation Ordinance is a poorly drafted piece of legislation and
claimants are better off relying on the common law.
Critically analyse this statement with reference to
14-2-2014 Sem 2 Tutorial 1
1. Mid-term Exam
1)
Formal binding / enforceable contract?
essential term? X shareholding portion
Your client would be entitled to Restitution (principle sum + interest)
If given $102.5m unfair argue there is some kind of contra
Analysis of Past Paper (Sem 2 of 2013)
[email protected]
3 questions in 3 hours
Open book exam:
- look at the essay questions first
- To give you a quotation any case, article and simply ask to comment on
the quoted passage
- Go back a few years olde
A.Duress
Illegitimatevslegitimatethreat/pressure
Causationcausaleffectondecision
Absenceofreasonablealternative
o 5Headsofillegitimatethreats
o Duresstothepersonorhisagent(violenceandterror)
o Duresstothegoods(e.g.wrongfulseizureandconfiscation)
o Econ
SunnyChansRevisionTutorial
In January 2011, Pokfulam University (PU) employed Quickie Builders Ltd
(QB) to build a new 1,000-seat lecture theatre for $20 million. The contract
stated that the lecture theatre must be completed by 1 September 2012, in
time
UNIVERSITY OF HONG KONG
DEPARTMENT OF LAW
LAW OF CONTRACT
(LLB)
2013-14
TUTORIAL WORKSHEET III1
1.
Fazya owns a business which supplies carpets to shops and offices. She agrees to supply and
fit carpets in Ge
Tutorial 8 ANSWERS
1. This (part-) question appeared on the LLB Contract Law Exam, May 2012:
Rocky went to the fish market, saw the fish he wanted, pointed to it and then
said to the fish monger, Rita, Ill take that one. Rita immediately reached
into the
UNIVERSITY OF HONG KONG
DEPARTMENT OF LAW
LAW OF CONTRACT
(LLB)
2013-14
TUTORIAL WORKSHEET II
CONSIDERATION
1.
Would the following proposals (if accepted) constitute enforceable agreements?
Why or why not? Or would you need additional facts (and, if so, w
UNIVERSITY OF HONG KONG
DEPARTMENT OF LAW
LAW OF CONTRACT
(LLB)
2013-14
LECTURE OUTLINE I
OFFER & ACCEPTANCE
Recommended reading:Beatson, Burrows & Cartwright, Anson's Law of Contract (29th ed) (Oxford, 2010), pp.29-73.
Chen-Wishart, Contract Law (4th ed)
Chapter 20 Frustration
1. Definitions
something occurred after the contract rendering the contract basically, commercially unable to perform
transforming the performance into a radically different ones
2. Grounds for frustration
(a) Physical incapabilit
LLAW1002 Law of Contract Notes
Chapter 14 Duress
1. Introduction the use of illegitimate pressure to induce someone into a contract
2. Types of Duress
(1) duress to the person
(2) duress to goods
(3) economic duress
(a) Duress to the person
Actual or thr
LLAW1002 Law of Contract Notes
Chapter 14 Duress
1. Introduction the use of illegitimate pressure to induce someone into a contract
2. Types of Duress
(1) duress to the person
(2) duress to goods
(3) economic duress
(a) Duress to the person
Actual or thr
Pao On v Lau Yiu Long
Facts:
- P threat to breach contract: purchase of shares, unless another agreement signed,
conferring extra benefit to D, orally
- Benefit: P should be protected against loss from a possible fall in the value of these
shares
- Later
Undue Influence
Actual Undue Influence (Class 1)
- equitable wrong committed by the dominant party against the other
which makes it unconscionable for the dominant party to enforce his
legal rights against the other (Etridge No.2 [103])
- No need for but
Access to Justice ideas and authorities
Ideas
Authorities
Equality before the law
Right to access justice, confidential legal
advice, access to courts, choice of
lawyers for the timely protection of their
lawful rights and interests or for the
representat
Rules of consideration:
Minimum content tho need not to be adequate
Always will have motive so sheer not ok but if motive can be construed as that of
obtaining something valuable in the eye of the law from the promise ok
Motive: mere wish to confer a bene
Contract Lecture (5) 7/10/2016
A) Elements of Promissory Estoppel
-
Crown Melbourne Ltd v Cosmopolitan Hotel (Vic) Pty Ltd - Clear promise?
-
One judge: The promise should be as clear as that of contractual terms (dictum)
-
One judge: The promise just nee
Chapter 9,10,11 Terms and Exemption Clause
Chapter 9 Express Term
(a) What is a term? What is a representation?
1. Was the statement reduced to writing?
2. How much time elapsed between the making of the
Offer:
Pharmaceutical Society v Boots
o Display of goods is not an offer, but an invitation to
treat.
Harvey v Facey
o A statement of information is not an offer.
Carlill v Carbolic Smoke Ball Co
o An advertisement for a unilateral contract is an offer
Intention to Create Legal Relation
General rule: For a contract to be binding and legally enforceable, there must an
intention to create legal relation. If not, the court cannot enforce the contract.
Essential element in any contract
There are two presum
Misrepresentation
A representation of fact / law made by the defendant to the plaintif
Untrue
Plaintif must have relied on the false representation
As the result of relying the plaintif has sufered from loss, detriment
The defendant is wreckless to verif
Pharmaceutical society v Boots chemists Ltd
Facts:
Self service system with all kinds of articles laid out on the shelves, having registered
pharmacist acting in a passive role in serving the customers
Cause of action:
Offer
Acceptance: customer offer to
Case notes on Williams v Roffey ; MWB Business Exchange Centres Ltd v Rock Advertising Ltd;
Walton Stores; Baird Textiles v Marks & Spencer
Williams v Roffey:
Facts:
Plaintiff entered into a carpentry subcontract with the defendant regarding a main buildi
Chapter 28 Illegality
(a) Contracts contrary to law
Agreement to commit a crime Bigos v Bousted
Civil wrong Begbie v Phosphate Sewage Co. Ltd
Those which contravene an express statutory prohibition Harse
Chapter 21-23 Damages, Specific Performance, Injunction
Date of assessment of damages Golden Victory (Golden Strait Corp v Nippon Yusen Kubishika Kaisha)
Damages will be assessed at time of breach because it is the
Chapter 14,15,16 Duress, Undue Influence and unconscionability
Chapter 14 Duress
(a) Definition use of illegitimate pressure to induce someone into a contract
(b) Types: Duress to the person Barton v Armstrong
Chapter 13 Misrepresentation
(a) Definition
A misrepresentation is a false statement of fact, made during pre-contractual negotiations, which induces a party to enter
into a contract.
(b) Basic elements
1. Repres
Contract Important
Case Lists
Chapter 1 : Offers and invitations to treat
1.1 Identifying an offer
Case Name
Gibson v Manchester
City Council
Storer v Manchester City
Council
Harvey v Facey
Facts/Issues
Exchange of letters
asking for information
agreemen
MSC Mediterranean Shipping Co SA v Cottonex Anstalt [2015] EWHC 283 (Comm); [2016]
EWCA Civ 789
https:/www.steamshipmutual.com/publications/Articles/mscmediterraneanshippingcottonexanstalt.htm
Has an aggrieved party the right to affirm a repudiated contra
DURESS
CASES
Barton v Armstrong
Facts:
The parties (major shareholders in a company) were locked in a bitter power struggle
for its control.
B claimed that he was induced to buy out As interest on very generous terms, by As
threats to murder him and his f
SPECIFIC AND AGREED REMEDIES
CASES
1. Specific enforcement
Specific performance
Cooperative Insurance Society Ltd v Agryll Stores (Holdings) Ltd
Facts:
C leased out the largest unit in its shopping centre to A to operate a supermarket.
A covenanted that i
PRIVITY
CASES
Tweddle v Atkinson
Facts:
John Tweddle and William Guy entered into an agreement whereby each promised to
pay a sum of money to John Tweddles son (William Tweddle) upon the sons
marriage to William Guys daughter.
The contract stated: it is h
