Paper 3

• Rights under CRA not always guaranteed protection s9


  Tests not always clear have to rely on reasonable and fairness
• Protection too rigid strict rules go above levels of protection really needed may cause unfairness

  S11 re Moore co description must be lived up to helps inequality of bargaining power

  Holds high amounts of certainty
• Some liabilities cannot be excluded s65 shows that liabilities for personal injury or death caused by negligence cannot be excluded

  
  

  S31 liability to implied rights of goods cannot be excluded


  Huge certainty over the rights and also protects the weaker party

  Goes against freedom of contract
• Spice Girls 


  Making a statement should be interpreted broadly to include everything in ng
• Silence or non disclosure cannot amount to false statement

  1:Fletcher her silence not a false statement

  2: Lambert contracts with a high degree of trust

  Dimmock Half truths

  O’ Flanaghan change of circumstances
• C must have known about the existence of a false statement 


  Horsefall
• False statement must have materiallyaffected c,’s decision

  Atwood
• Rescission Innocent 


  S2(2) misrepresentation act could award damages if it were fairer
• Fraudulent misrepresentation 


  East v Maurer claim loss of profit
• Innocent misrepresentation s2(1)


  Leaf
• Bisset


  Statement of opinion never statement of fact
• Edgington 


  Future intention will be statement of a fact
• (Performance breach)


  Performance and breach
• Cutter v Powell


  Contracts are performed if there are complete and exact
• Contracts can be broken into parts such as divisible contracts 


  Ritchie v Atkinson
• Hoenig 


  Substantial performance
• Mahadeva


  If work has major defects no substantial performance
• Planche 


  When one party prevents the other party from completing payment should be made for the work already done
• Time of the essence


  Union eagle
• Statutory Remedy


  Consumer Rights Act 2015

  Frustrated Contracts Act 1943
• Mitigated Loss duty


  Thai Airways less damages to pay
• Remoteness of Damages


  Hadley normal Special

  Normal losses isn't remote come naturally from the breach reasonably foreseeable

  
  

  Special losses caused or by particular circumstances if D knew the particular circumstances
• Nominal Damages


  Where contract has been breached but there's no loss

  Charter v Sullivan
• Reliance loss


  Anglia Television v Reed
• Loss of amenity


  Farley v Skinner
• White & Carter v McGregor


  Anticipatory breach because you don't have to mitigate loss
• Equitable Remedies


  - Specific Performance = this remedy forces the defendant to carry out agreed obligations Beswick

  
  

  - Injunction = court order to prevent someone from doing something - mandatory (orders party to do it) and prohibitory (orders party to not do it)

  
  

  Page one Records v Britton injunctions cannot be used to enforce personal services
• Victoria Laundry v Newman


  Special loss due to the government contract reasonable man wouldn't have known
• The more important a representation is, the more likely it is to be a term

  Birch v Paramount Estates
• Routledge v McKay


  Timing of the statement wasn't important enough
• Lack of knowledge means less of a term


  Oscar Chess Ltd v Williams
• More knowledge means more of a term


  Dick Bentley Productions Ltd v Harold Smith (Motors) Ltd
• Where a party has signed an agreement, they are bound by it


  L'Estrange v Graucob (1934)
• An exception to Graucob - Interfotoy


  Unusual and onerous terms may not be incorporated without specific attention drawn to them
• Grogan


  If it's not a contractual document terms will not be incorporated
• An oral statement is more binding than a written statement verbal assurance


  Curtis
• Terms weren't clear enough so exclusion clause did not incorporate

  Chapelton
• Parker v SE Railway


  Term was clear enough and was incorporated SE took reasonable steps to inform him
• O'Brien


  Newspaper told readers very clearly were rules were
• Thornton v Shoe Lane Parking


  Notice must be given before or at the time of contracting