Concise Contract Law study guide/revision notes covering all content you would need to achieve a high Distinction grade; I achieved 83% using these notes.
The notes were written using the official ULaw 'points to note' and from workshops/lectures ( materials). They contain all of the important c...
Notes created using ULaw materials for the purpose of assisting existing ULaw GDL students in ULaw GDL exams only. They are
intended to be used as a supplemental tool to aid revision in conjunction with ULaw materials, not as a replacement for them.
GENERAL ADVICE
IDENTIFY AREA OF LAW
SUMMARISE THE FACTS
STATE LAW – start with general principles then move onto exceptions
APPLY FACTS TO LAW
CONCLUDE → if there are 2 possible answers, say which is more likely but don’t definitively conclude, say
‘may’, ‘if’ etc
DEFINE KEY TERMS
Have a balanced approach, argue options for both sides, don’t be biased and argue on behalf of one party
Highlight facts re each contract/party in different colours so you don’t get muddled
Links between topics (where exam questions could include multiple topics):
Agency and formation
Consideration and duress
Exemption clauses and negligence
Misrepresentation (misrep) and breach
Frustration and breach
Duress and undue influence
Remedies → could come up anywhere as a small question at the end
Terms → could also come up anywhere
, ASPECTS OF CONTRACT FORMATION
STEP 1: state the issue
Eg this is an issue re whether or not there is a binding contract
STEP 2: is there a contract?
Do the easy bits first ie the elements which are met
Make a timeline for each contract
1. Identify who is seeking to show a contract exists
Where there is more than 1 character, deal with each separately and consider events chronologically
2. State: for a binding contract we need:
1) Agreement (offer by one party which Is accepted by the other)
2) Intention to create legal relations; and
3) Consideration ie something in return
→ where there are multiple issues to consider, state this once as an intro and cross refer
3. State: there is agreement if there is a valid offer from 1 party and acceptance by the other
There must be CERTAINTY in offer and acceptance, or court may not uphold contract: Scammell
Eg ‘timber of fair specification’ was too vague: Hillas v Arcos
Intention to create legal relations
1. Assessment of parties’ intention in making an offer is objective → would a reasonable person regard it as
an offer: Smith v Hughes
2. Commercial agreements
i) Presumption that there was intention to create legal relations: Edwards v Skyways
ii) This is rebuttable, if there is specific wording to that effect, but rebutting is tricky: Rose and Frank Co
3. Domestic and Social ie family agreements
i) Presumption that there was no intention to create legal relations between spouses as they are based
on love and affection: Balfour v Balfour
ii) This is rebuttable: Merritt → evidence that may rebut:
• Exercising professional skill
• Distances of relation eg cousins not a close relationship
• There is substantial consideration
• Limited timescale of negotiations
• Product/service being agreed for business purposes
• It is a substantial task which will take several days
• Is the task one which would usually suggest a commercial, formal arrangement?
BUT informal communication may suggest no intention
→ start with presumption, then look for evidence against → if none, state: there is no evidence to rebut this
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller GDLandLPC. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $12.29. You're not tied to anything after your purchase.
