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Making the contract (a)

Offer Motive for Disntinguished from Invitation to treat Subject to contract Counter offer tenders

Acceptance Communication of

Auctions

price List, catalogues

Price indicatoins Prospectuses

Waiver of

Mode of

Oral acceptances

By post and telemessage

Making the contract (b)

Termination of contract

Offer and Acceptance Unidentifibale

Revocation

Lapse of Time

Counter - offers

Effect of Death The collateral contract

Generally

Unilateral contracts

Making the contract (c) Consideration

Generally

In Contract Formation

In Contract Discharge

Definition Executed and Executory Executed - Promise and Act Executory - Promise and Promise

Common Law Accord and Satisfaction Exceptions

Equity Promissory Estoppel The High Trees Case

Past Consideration

Privity of contract

Economic value required

Adequacy

Sufficency

The Rule Exceptions

Public Duties

Contractual duties The Shadwell Case

Agency

Cheques and Other Bills of Exchnage

Resale Prices Act 1976

Land Law

banker's Commercial credits Performance Bonds

Convenants affecting lands

Making the contract (d)

Intention to Create Legal Relations

Intention Not Presumed

Intention Presumed Business Agreements generally Exceptions

Advertisements

Family Agreements The Balfour Case

Other Personal relationships The Simpkins Case

Social Agreements The Lens case but contrast by The Peck Case

Honourable pledge clauses

Statutory Provisions

Making the contract (e)

Formalities

Capacity to contract

Contracts by deed

Contracts in Writing

Contracts evidenced in

Minors

Mental disorder and drunkenness

Corporations

Valid Contracts

Contracts needing rectification

Contracts binding until repudiation

Consequences if contracts defective

Guarantees by adults

Effect of Ultra Vires rule at common law upon

Effect of Companies Act 1985 on registered companies

Registered companies

Charter corporations

statutory corporations

Company's capacity The Law of Contract - Reality of consent (a) Agreement by mistake

Agency power's of directors

The one line objects clause

Documents mistakenly signed

Unilateral Mistake

Common Mistake

Mutual Mistake

Generally

Identify mistake

Bilateral Identical

Bilateral Nonidentical The Sense of Promise

Higgins case

Limited application of Non est Factum

Res Extincta

Res Sua

Quality Mistakes

Rectification In Common and unilateral

The Law of Contract - Reality of consent (b)

Misrepresentation

Agent's Breach of warranty

Negligence at common Law

Rescission

Misrepresentation

Agent's Breach of warranty

Negligence at common Law

Rescission

Misrepresentation : Types of Meaning of Misrepresentation

Financial Services Act Compensatio n following inaccurate prospectus

The Tort remedy

Restore the Status quo

Use in contract cases Fruadulent

Use in accurate prospectuses

Innocent

Negligent

Statement of specific existing verifiable fact Silence does not usually amount to Misrepresentation Exceptions

Statement must induce the contract: mislead the plaintiff and be material

The Tort of deciet

When remedy lost

Affirmation

Lapse of time

Status quo cannot be rstored

Third party rights accrued

The Law of Contract - Reality of consent (c)

Contracts of Utmost Good Faith

Duress

Undue Influence And Associated Equitable Pleas

At common Law

By Statute

Equity/Fiduciary relationships

Undue Influence

Economic Duress

Inequality of Bargaining

Threats of violence to persons

Threats to property

Effect of Duress The Law of Contract - Contractual Terms (a)

Inducements and Terms

Conditions and Warranties

Generally

Distinguished

Intention of Parties Request to verify

Importance of Statement

Timing of Statement

Oral Statements and Written Special Skill and Contracts knowledge

Poussard V spiers

Innominate Terms

Implied Terms

Contrast Bettini V Gye

Custom

Statute

Judiciary

The Law of Contract - Contractual Terms (b) Exclusion Clauses

Communication

Rules of Contruction

Fundamental Breach

Unfair Contract Terms

Communication

Rules of Contruction

Fundamental Breach

Unfair Contract Terms

Contra Prorerentem Rule

Repugnancy Rule

Four corners Rule

Signing a Written document

Unsigned documents

Previous Dealings and Belated notice Ineffective Clauses Statements Reasonable Clauses Inducement Liability Criminal Sanctions

Pre- contractual

Contractual ( I.e: terms)

Representations If False Misrepresentations

Conditions Contract May be repudaited or Plaintiff may go on with contract and sue for damages

Warranties

Damages Only

Fraudulent Damages and/or rescission

Negligent

Innocent

Damages And / Or Rescission

Rescission only( But court may award damages at its discretion)

For distinction see Poussard v Spiers and Bettini V Gye

Discharge of Contract

By agreement

By Performance

By frustration

By breach

In The Original Contract

In The New Contract

Entire Contract

Substantial Performance

Acceptance of Partial Performance

Performance Prevented

Time of Performance Tender Appropriation of Payments

Contracts of personal service

Government Interference

Destruction of subject matter

Non-occurrence of an event

Commercial purpose

Frustation Not Applicable

Law Reform Act 1943

Provision in contract

Self-induced Event

Leases and Failure to Sales of land perform Remedies and Limitation of Action

Anticipatory breach

Effect of Breach

Damages

Equtable Remedies

Claims for Restitution:

Limitation of actions

Specific Performance

Injunction

Quantum Meruit

Total Failure of consideration

Specific Performance

Injunction Mareva

Quantum Meruit

Total Failure of consideration

Liquidated Meaning of

Unliquidated

Provisional damages

Interest

Assessment

Type of loss

Remoteness The case Law

Mitigation

Simple contracts

deeds

Personal injury

Disability Fraud Written acknowledgeme

Equitable remedies

Sale of goods (a)

Definition of the contract Meaning of Goods

Related Transactions

The Contract of sale

Contracts of

Work and Materials

Barter and Exchange

Hire purchase Hire or leasing

Agency

Capacity and Price

Consideration and Conditions and Formalities warranties Implied Terms

Dangerous Goods

Defined and Distinguished

Negligence

Time

Title

Description

Fitness

Mercahntable Quality

Sale by sample

For Payment and delivery

Conditions and Warranties

Statute and Case law

Statute and Case law

Statute and Case law

Statute and Case law

Limited title

Sale of goods (b)

Claims against the manufacturer

Reduction of a condition to a warranty

Rescission of the contract of sale

In negligence

Under a collateral contract

Under a guarantee

Under the Consumer Protection Act 1987

Sale of goods (c) Transfer of the Property in Goods

Specific Goods

Unascertained Goods

Transfer of Property and risk

Transfer of Title by NonOwners

s. 18 The Case law

s. 19 Retention of Title The Case law

Statute and Case law

Statute and Case law

Estoppel

Factors and agents with apparent authority

special powers of sale Innkeeper's lien

Market overt

Sale under voidable title

Sales by seller and buyer in possession

Hire Purchase Motor Vehicles

Sale of goods (d) Performance of the Contract

Delivery

Buyer's Right to examine goods

Acceptance of goods The Rules By instalments To a carrier

Place of

Payment and Delivery

other rules

Qauntity delivered

Effect of

Sale of goods (e)

Remedies

Auction sales

Export and Import sales

Seller of

Buyer of

Real Remedies Lien Stoppage in tansitu Right of sale

Personal remedies

Action for price

Action for damages Measurement of

Rejection of goods

Damages

Specific Performance

For Nondelivery

For Breach of condition or warranty

For Wrongful interference

Consumer credit (Supply of goods on Credits) - (a) Hire Purchase

The Contract

Remedies of creditor

Remedies of debtor

Motor Vehicles

Genearally

Liability of parties

Formalities

Duties of parties

Special rules

Genearally

Minimum payment and forfeiture clauses

Extortionate credit bargains

Rejection of goods

Damages

Early payment

Rejection of goods

Damages

Early payment

Consumer credit (Supply of goods on Credits) - (a) Credit cards and Other aspects

Credit cards

Licensing

Canvasing

Credit reference

Advertisements

APR and Quotations

Motor Vehicles

Generally

Liability for defective goods APR = Annual Percentage Rate

Simple

Intermediate

Full

Company law

concept of Incorporation The Salomon Case Public Company Looking behind the veil

Types of Companies

Formation

Private Company

Unlimited and Limited Company

Matter arising prior to formation

The Gilford case

Small Medium Companies and Companies and groups groups

Dormant Companies

Minimum Membership

The promoter Duties and Preincorporation contracts

Settling the Memorandum

The articles

Clauses Table A As a Contract Alteration

Registered Office

Name

Business Names

Objects

Capacity of Company General Commercial

Authority of directors

Alteration Registration and Re-Registration

Procedures

Share Capital (a)

Allotment

Pre-emption Rights

Payment for shares

Bonus Issues

Alteration of Types of alteration

Reduction

Power of

Private Company

The Consideration

No issue at a discount

Resolution required

Return as to Allotments

Types of Explained Contravention of

Creditor Protection

Private company exclusion

Disapplication

Share Capital (b)

Variation of rights

Redeemable shares

Purchases of Oen Shares

Financial assistance

Transfer and Transmission of shares

Meaning

Method Types

Preservation of Capital

Dissentients

Private companies partly from capital

Issue

Redemption When Lawful

In private Companies

Procedure

Share Capital (c)

Loan Capital

Directors

Power to borrow

Company charges

Remedies of debenture

Fixed

Floating Crystallisation and Over Book debts Postponement

registration

Generally

Avoidance and Prefernce

(1)

(2) Employment law position

(3) Delegation of powerts

Appointment

(4) Chairman and executive directors

(5)

Board meetings

(6)

(7) Disclosure of interest

(8)

Duties

Loans etc

(9) Substantial property transactions

(10) Other financial arrangements

(11) Termination of office Disqualification

Company Law

Company secretary

Meetings

Resolutions

Minority Protection

Legal Status

Duties and Responsibilities

Generally

Unfair prejudice

Just and equitable winding-up

Ordinary

Extraordinary

Written and Elective

Special Notice

Types

Notice

Quorum

Voting

Proxies

Minutes

Employment (employer and Employee) - (a) Establishing the Relationship

Control Test

Organisation Test

Independent contractors

Contract of service and For services

Why Distinguish

Employment (employer and Employee) - (b) The Contract of Employment

Written Particulars Contents Exemptions

Duties of Employer

Duties of Employees

Skill and Care

Obedience to instructions

fidelity

Trade secrets

(1)

(2)

(3)

(4)

(5)

(6) Guarantee payments and time off

Remuneration Method of Payment and Deductions Itemised pay statements

Holidays and Holiday pay

sick pay

Pay on suspension

Maternity provision

(7) to provide work and in relation to employee property and References and testionials

Longer-service employees

Other employees (8) to provide work and in relation to employee property and

Equal Pay

Employment (employer and Employee) - (c) discrimination on grounds of Sex, Marital Status and Race

Generally In recruitment and selection Discrimination in employment and victimisation

Offers of employment

Types of discrimination

Sex Discrimination and Equal pay legislation

Discriminatory advertisements

Exceptions

The relationship

Genuine Occupational qualifications

Other Direct Indirect Remedies Sexual On retirement harassment and other forms of Discrimination The Barber case Vistimisation

Employment (employer and Employee) - (d) Termination of The Contract of Employment

(1)

(2)

(3) Remedies for Unfair Dismissal

(4) Redundancy

Unfair Dismissal Unfair Dismissal and Frustration

Compared

Conciliation

Money Compensation

Discriminatory dismissal

Generally

Dismissal

Dismissal

Meaning of

Grounds for

Various Awards and Reinstatement

Actual

Constructive

Fixed term Contracts

Reasons justifying

Grievance/discip linary

Unacceptable Reasons

Meaning of

Eligibility

Redundancy payments

Procedures for handling

Employment (employer and Employee) - (d) Termination of The Contract of Employment

(5) Other Methods of Termination

(6) Rights and Remedies

Notice

Time and frustration

Partnership dissolved

Insolvency

Wrongful dismissal at Common Law

Corporate

Individual

Written Statement

Employer's Insolvency

Damages and other remedies Employee's breach

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