TRY ME!
Contract Frustration And Terms
Summary
The contract between A and B Ltd is not frustrated as the primary purpose is transport, not the rugby match. A highlighted clause in a car park ticket is likely incorporated due to reasonable notice. A cannot claim frustration in the contract with D as there was no guarantee of obtaining a licence. Predictions about future events are generally opinions, not actionable misrepresentations. Errington v. Errington and Woods [1952] supports the idea of allowing reasonable time for performance in unilateral offers. Entores v Miles Far East Corporation establishes that communication in each others presence is instantaneous. Section 2(2) of the Misrepresentation Act 1967 allows damages for innocent misrepresentation. A frustrated contract becomes void. Revocation must be made by the offeror. Adams v Lindsell (1818) established the postal rule. Foakes v Beer (1884) states part payment does not discharge the entire debt without additional consideration.Full Conversation
is it not b
Option (a) is the most accurate. The primary purpose of the contract between A and B Ltd is the provision of transport services, not the attendance of the rugby match. The cancellation of the rugby match does not frustrate the contract since the common purpose of both parties (transport to London) remains intact.
Which one of the following terms is most likely to have been successfully incorporated into the contract?
Question 11Select one:
a.
An onerous clause in small print on the back page of a written agreement.
b.
A clause on the back of a scratch card given free with a newspaper, on the front side of which card is printed 'subject to the terms on the back'.
c.
A highlighted clause in a ticket issued by an automatic machine to the driver as she is leaving a car park.
d.
A clause regarding location in an employment agreement, even if that location has closed.
The term most likely to have been successfully incorporated into the contract is:
c. A highlighted clause in a ticket issued by an automatic machine to the driver as she is leaving a car park.
This is because the clause is highlighted and would be easily noticeable to the driver, thereby fulfilling the requirement of reasonable notice for incorporation into the contract.
c. A highlighted clause in a ticket issued by an automatic machine to the driver as she is leaving a car park.
This is because the clause is highlighted and would be easily noticeable to the driver, thereby fulfilling the requirement of reasonable notice for incorporation into the contract.
A enters into two similar contracts with C and D to import certain machinery. The importation of the machinery requires a licence from the government of A's country. In the contract with C, A guarantees to obtain a licence, whilst no such guarantee is given in the contract with D. A applies for two licences for the importation of the machinery but only one licence is granted. A allocates the licence to the contract with C and claims that the contract with D is frustrated. Which one of the following statements most accurately summarises the legal position between A and D?
Case Rating: *
A cannot claim frustration for the contract with D. The contract with D is not frustrated because A did not guarantee obtaining a licence in the contract with D. Therefore, A is still obligated to perform the contract or may be liable for breach of contract.
A cannot claim frustration for the contract with D. The contract with D is not frustrated because A did not guarantee obtaining a licence in the contract with D. Therefore, A is still obligated to perform the contract or may be liable for breach of contract.
dont answer
Case Rating: *
yet
Case Rating: *
It seems you are seeking clarification on some contract law principles. Here are the key points:
*. Frustration of Contract:
- Option A: The contract is not frustrated because the primary purpose was transport, not the rugby match.
*. Incorporation of Terms:
- Option C: A highlighted clause in a car park ticket is likely incorporated due to reasonable notice.
*. Guarantee in Contracts:
- A cannot claim frustration in the contract with D as there was no guarantee of obtaining a licence.
Is there anything else you would like to know?
It seems you are seeking clarification on some contract law principles. Here are the key points:
*. Frustration of Contract:
- Option A: The contract is not frustrated because the primary purpose was transport, not the rugby match.
*. Incorporation of Terms:
- Option C: A highlighted clause in a car park ticket is likely incorporated due to reasonable notice.
*. Guarantee in Contracts:
- A cannot claim frustration in the contract with D as there was no guarantee of obtaining a licence.
Is there anything else you would like to know?
Select one:
a.
The contract has not been frustrated, because the unavailability of licence is due to A's allocation of the only licence to the other contract, and therefore the problem is 'self induced'.
b.
The contract has been frustrated, because the allocation by A of the only licence to the other contract aims to avoid a breach of that contract by A and is thus reasonable.
c.
The contract has not been frustrated, because the unavailability of the licence is not due to any breach of contract by A.
d.
The contract has been frustrated, because the contract has not expressly allocated the risk of failure to obtain the licence to A.
Case Rating: *
To summarize the legal position between A and D:
- A cannot claim frustration for the contract with D. The unavailability of the licence is due to A's decision to allocate the only licence to the contract with C, making the problem "self-induced".
- Therefore, the most accurate option is:
- a. The contract has not been frustrated, because the unavailability of the licence is due to A's allocation of the only licence to the other contract, and therefore the problem is 'self-induced'.
Is there anything else you would like to know or any other legal issue you need assistance with?
To summarize the legal position between A and D:
- A cannot claim frustration for the contract with D. The unavailability of the licence is due to A's decision to allocate the only licence to the contract with C, making the problem "self-induced".
- Therefore, the most accurate option is:
- a. The contract has not been frustrated, because the unavailability of the licence is due to A's allocation of the only licence to the other contract, and therefore the problem is 'self-induced'.
Is there anything else you would like to know or any other legal issue you need assistance with?
Which one of the following misstatements is not likely to be an actionable misrepresentation?
Question 13Select one:
a.
A misstatement made negligently by a financial adviser to a client in relation to future movements of the financial market.
b.
A misstatement by a vendor to a purchaser as to the conditions of his house put up for sale.
c.
A misstatement by a private car owner to a potential buyer as to a highly technical specification of the car.
d.
A misstatement by a landlord to a tenant that relevant legislation prevents the tenant from terminating the tenancy contract on less than three months' notice.
Case Rating: *
Option (a) is not likely to be an actionable misrepresentation. This is because predictions about future events, such as financial market movements, are generally considered opinions rather than statements of fact. As such, they are not typically actionable as misrepresentations.
Is there anything else you would like to know?
Option (a) is not likely to be an actionable misrepresentation. This is because predictions about future events, such as financial market movements, are generally considered opinions rather than statements of fact. As such, they are not typically actionable as misrepresentations.
Is there anything else you would like to know?
ERRINGION v ERRINGTON AND WOODS [*] is authority for the proposition that:
Question 14Select one:
the offeror can revoke his offer at any time before completion of the act requested.
a unilateral offer contains an implied promise to allow a reasonable time for complete performance of the act.
acceptance occurs when the act is commenced
acceptance is only valid once the act is completed.
Case Rating: *
The case of Errington v. Errington and Woods [*] is authority for the proposition that:
- a unilateral offer contains an implied promise to allow a reasonable time for complete performance of the act.
Would you like to know more about how this principle might apply to your situation?
The case of Errington v. Errington and Woods [*] is authority for the proposition that:
- a unilateral offer contains an implied promise to allow a reasonable time for complete performance of the act.
Would you like to know more about how this principle might apply to your situation?
ENTORES v MILES FAR EAST CORPORATION is authority for which of the following propositions:
Question 15Select one:
There must always be a mirror-image of offer and acceptance.
Where offers are succeeded by counter-offers rather than acceptances, the one who fires ‘the last shot’ will be deemed to be the one who dictates the terms of the contract.
An offeror will need to use very clear words before a method of communication, such as a requirement of writing, will be treated as mandatory.
Where the parties are in each other’s presence, communication between them is instantaneous and a binding contract is made at the place where the offeror receives notification of the acceptance.
Case Rating: *
The case of Entores v Miles Far East Corporation is authority for the proposition:
- Where the parties are in each other’s presence, communication between them is instantaneous and a binding contract is made at the place where the offeror receives notification of the acceptance.
The case of Entores v Miles Far East Corporation is authority for the proposition:
- Where the parties are in each other’s presence, communication between them is instantaneous and a binding contract is made at the place where the offeror receives notification of the acceptance.
Section *(*) of the Misrepresentation Act * gives the representee of an innocent misrepresentation a right to claim damages in lieu of rescission.
Question 16Select one:
True
False
Case Rating: *
The statement is True.
- Section *(*) of the Misrepresentation Act * does give the representee of an innocent misrepresentation a right to claim damages in lieu of rescission.
Is there anything else you would like to know about the Misrepresentation Act or any other legal issue?
The statement is True.
- Section *(*) of the Misrepresentation Act * does give the representee of an innocent misrepresentation a right to claim damages in lieu of rescission.
Is there anything else you would like to know about the Misrepresentation Act or any other legal issue?
Where a contact is frustrated, it automatically becomes void.
Question 17Select one:
True
False
Case Rating: *
The statement is True. When a contract is frustrated, it automatically becomes void. This means that the contract is terminated and both parties are released from their obligations.
Would you like to know more about frustration of contracts or any other legal matter?
The statement is True. When a contract is frustrated, it automatically becomes void. This means that the contract is terminated and both parties are released from their obligations.
Would you like to know more about frustration of contracts or any other legal matter?
In order to be effective, a revocation of offer must be made or authorised by the offeror.
Question 18Select one:
True
False
Case Rating: *
The statement "In order to be effective, a revocation of offer must be made or authorised by the offeror" is True. For a revocation to be legally valid, it must be communicated by the offeror or someone authorised by the offeror.
Is there anything else you would like to know about contract law or any other legal issue?
The statement "In order to be effective, a revocation of offer must be made or authorised by the offeror" is True. For a revocation to be legally valid, it must be communicated by the offeror or someone authorised by the offeror.
Is there anything else you would like to know about contract law or any other legal issue?
In Adams v Lindsell (*) * B & Ald *, it was decided that a letter of acceptance by post would normally take effect at the moment of posting.
Question 19Select one:
True
False
Case Rating: *
True. In Adams v Lindsell (*), it was established that a letter of acceptance by post takes effect from the moment of posting, known as the "postal rule."
Would you like to know more about this legal principle or have any other legal questions?
True. In Adams v Lindsell (*), it was established that a letter of acceptance by post takes effect from the moment of posting, known as the "postal rule."
Would you like to know more about this legal principle or have any other legal questions?
A promise to accept less in full satisfaction of a debt is enforceable according to Foakes v Beer (*) * App Cas. *.
Question 20Select one:
True
False
Case Rating: *
The statement "A promise to accept less in full satisfaction of a debt is enforceable according to Foakes v Beer (*) * App Cas. *" is False. According to the case of Foakes v Beer, part payment of a debt does not discharge the entire debt unless there is some additional consideration.
The statement "A promise to accept less in full satisfaction of a debt is enforceable according to Foakes v Beer (*) * App Cas. *" is False. According to the case of Foakes v Beer, part payment of a debt does not discharge the entire debt unless there is some additional consideration.
Start a new chat