Summary *2024* LPC Commercial Law & Intellectual P
Institution
Summary *2024* LPC Commercial Law & Intellectual P
Summary *2024* LPC Commercial Law & Intellectual Property (CLIP) – BPP Distinction Level Notes & Step-by-Step Exam Solutions
What is the difference between unilateral and a bilateral contract?
Bilateral - parties assume obligation to each other.
Unilateral - 1 party makes an offer for an act t...
Summary *2024* LPC Commercial Law
& Intellectual Property (CLIP) –
BPP Distinction Level Notes &
Step-by-Step Exam Solutions
What is the difference between unilateral and a bilateral contract?
Bilateral - parties assume obligation to each other.
Unilateral - 1 party makes an offer for an act to be performed by
other party/parties.
Relevant statute to put in answer
Sale of goods in a B2B context (governed by SGA 1979 and UCTA 1977) -
SGSA 1982
For contract terms and exemptions questions
There has to be a breakdown in relation to:
Contract
Terms
Breach
Condition/warranty/innominate term
Exemption clause
Incorporation
Construction
Statute
__ I should note
in order for the exemption term to apply, it has to make it through
the above 3 stages test
__
Is there a contract? B2B ( business to business ) /B2C( business to
consumer ) ; Sale of Goods/Services?
What are the (relevant) terms of the contract?
Implied: type of contract? (SGA/SGSA relevant?)
Express Terms?
Have any terms been breached?
Categorise the terms breached (condition/warranty/innominate) and
advise on
,available remedy
Analyse Exemption Clause(s) - ICU (Incorporation, Construction, UCTA)
Has it been incorporated within the contract?
Is it properly constructed so as to cover/defend against liability
for the breach?
Statutory Protection?
Express term:
Is the assistant's assurance that the pram is 'perfect for off-road
territory' an express term of the contract?
Relevant factors to consider:
Importance (Bannerman v White)
Timing (Routledge v Mckay)
Expertise (Oscar Chess v Williams, Dick Bentley v Harold Smith
the implied ones are in that statute
Express term: note
when it comes to the expressed terms point at the fact a shop should
have the expert and know the matter.mAYVE
Schawel v Reade, and same case for not letting him test in the shop
going through sales of act you go through 13 and 12 for what kindof
breach and then to terminate for 14, but if it already supplied as a
service or product then you cannot terminate
reasonable person s14(2A)
-
notesss
If white v John Warwick applies no need to through UCTA section 2 or
is it Alderslade v Hendon matter ?
--
did harm occurred like injury if such then the opposite as above
applies ( S 2 applies )
NOTES About sales of supplies of goods .
In terms of Sales of good s12 - 15, section 13 then it is a condition
or warranty of innominate term?
Section 13(1) A is a condition breach for example.
s15A: Slight and ONLY warranty = ONLY damages
s14(3) along with s14(6) = condition
--
,In term of supplies of good, I would he fallen below the reasonable
standard and explain and demonstrate how and what category is it all
the time innominate go to hong kong condition or warranty
Sales of goods legislation 1979
http://www.legislation.gov.uk/ukpga/1979/54
notes
curtis overriding oral assuring that this misrep the clause ( if it's
the just the usual is it typical or not ) ( this is highly unusual
then it's a misrep ) sometime it is common and sometime not really
but either you can argue your way
also consider warranty and all
onerous clause the greather the risk then thee should notify.( For
instance when mentioning negligence it should be honorus clause
therefore this require greater alert and notification
Aldserslade v Hendon laundry in term of effective enough to exempt
negligence
Supply of sales good act
S 13 is the only relevant one
consider
section 14 of the sales good means your only entitled to damages
Implied Terms:
SGA (1979)
s14(2): goods must be of satisfactory quality
and
Implied Terms:
SGA s14(2) and 14(3) are both conditions under SGA s14(6) giving MDDC
the right of election
But note:
SGA s15A, if this is a trivial breach it will be unreasonable to
terminate the contract and MDDC will be entitled to damages only
Exemption clause
Incorporation
Construction
Statute
__ I should note
, in order for the exemption term to apply, it has to make it through
the above 3 stages test
go into by one by one
Terms exam notes
Terms :
14.2 AND 3 those are the terms in sales of good ( the satifsoty
quality )
Breach: 14.2a ,2b, d , 14(3)
--
Condition, warranty , innominate terms
For express terms use Schuler v wickman and then Possuard v Spiers ,
Betteni v Gye and hong kong fir Vkawaski test . ( The breach deprived
the party of the benefit of the entire contract, therefore this is a
breach and this allow the C right to the election , so they terminate
the contract and claim damages as a result.
Hochester v De la tour : An anticipatory breach of contract
This type of breach is one where a party expressly communicates that
they will not be carrying out a term or condition of the contract. (
Bunge v Tradex it was held performing a contract in a date agreed
upon was a condition and therefore this a breach he term ought to be
constructed as a condition
_
Section 14 (2) (3), also but consider 15 (a) which is warranty and
damages only.
-
short time applies and rush and pressure then onerous clause applies.
--
--
S13 IS INNOMINATE TERM HONG KOMG suuplY OF SALES OF GOOD 1982
Incorporation cases
L'Estrange v Graucob (1934)
Note to self: separate each notice or sig and decide .
--
Curtis v Chemical Cleaning ( fraud or misrepresentation then it is
not binding)
Parker v South Eastern Railway ( Reasonable notice)
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