13 mins read ·
13 questions
Explain the parol evidence rule and its exceptions.
13 mins read ·
13 questions
Distinguish unilateral from bilateral contracts, with examples.
14 mins read ·
20 questions
Distinguish valid, void, voidable and unenforceable contracts, and executed from executory contracts.
14 mins read ·
21 questions
Distinguish terms from mere representations, and express terms from implied terms.
13 mins read ·
6 questions
Distinguish conditions, warranties and innominate terms, and the remedies for breach of each (Poussard v Spiers; Bettini v Gye; Hong Kong Fir Shipping v Kawasaki).
13 mins read ·
17 questions
Explain terms implied by the courts (business efficacy, The Moorcock; the officious bystander test), by custom and by the parties' course of dealing.
14 mins read ·
15 questions
Explain terms implied by statute, including the implied terms as to title, description, quality and fitness for purpose under the Sale of Goods Act, 1962 (Act 137).
13 mins read ·
7 questions
Define exemption clauses and classify them: implied-term modifying clauses, liability-limiting clauses, litigation-limiting clauses and restrictive covenants.
14 mins read ·
14 questions
Explain how exemption clauses are incorporated: by signature (L'Estrange v Graucob), by reasonable notice given at or before contracting (Olley v Marlborough Court; Thornton v Shoe Lane Parking) and by course of dealing.
14 mins read ·
14 questions
Apply the rules of construction: the reasonableness rule, the contra proferentem rule, the repugnancy rule and the four-corners rule.
15 mins read ·
9 questions
Explain the relationship between fundamental breach and exemption clauses (Photo Production v Securicor).
13 mins read ·
9 questions
Explain the general rule that mistake rarely affects a contract, and the effect of an operative mistake (the contract is void ab initio).