15 mins read ·
13 questions
Explain common mistake as to the existence of the subject matter (res extincta: Couturier v Hastie), as to title (res sua: Cooper v Phibbs) and as to quality (Bell v Lever Bros).
13 mins read ·
7 questions
Explain mutual (cross-purpose) mistake (Raffles v Wichelhaus).
15 mins read ·
17 questions
Explain unilateral mistake as to the identity of the other party (Cundy v Lindsay; Phillips v Brooks; Lewis v Averay) and as to the nature of a document signed (non est factum: Saunders v Anglia Building Society).
14 mins read ·
13 questions
Distinguish physical duress (Barton v Armstrong) from economic duress (Atlas Express v Kafco; The Universe Sentinel), and state their effect on a contract.
14 mins read ·
18 questions
Distinguish actual from presumed undue influence; identify relationships that raise the presumption; explain how it is rebutted, including by independent advice (Royal Bank of Scotland v Etridge (No 2)).
13 mins read ·
13 questions
Define misrepresentation, distinguishing statements of fact from opinion (Bisset v Wilkinson), from statements of law and from statements of intention (Edgington v Fitzmaurice), and explain when silence may amount to misrepresentation.
14 mins read ·
19 questions
Explain the requirement that the misrepresentation induced the contract.
14 mins read ·
17 questions
Distinguish fraudulent (Derry v Peek), negligent (Hedley Byrne v Heller; Esso v Mardon) and innocent misrepresentation; state the remedies for each (rescission, damages) and the bars to rescission.
14 mins read ·
9 questions
Explain the strict (entire) performance rule (Cutter v Powell).
15 mins read ·
21 questions
Explain the modifications of the strict rule: substantial performance (Hoenig v Isaacs; Bolton v Mahadeva), acceptance of partial performance (Sumpter v Hedges), divisible contracts, performance prevented by the promisee (Planché v Colburn) and tender of performance.
13 mins read ·
13 questions
Distinguish bilateral discharge from unilateral discharge.
13 mins read ·
7 questions
Explain the doctrine of accord and satisfaction and how the Contracts Act, 1960 (Act 25) modifies it.