100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
Previously searched by you
Previously searched by you
logo
Contract Law - Contents of a Contract: Exemption Clauses (Exam Plan) £5.99   Add to cart
Quickly navigate to
Preview
  2.  
  3. University Of Law (ULaw)
  4.  
  5. Contract Law

Exam (elaborations)

Contract Law - Contents of a Contract: Exemption Clauses (Exam Plan)

3 reviews
 37 views  0 purchase

I scored 75% in Contract Law and received a Distinction (74%) overall in the GDL at the University of Law using these notes. These notes are written in the form of step-by-step exam plans. Compared to standard notes, this will save you lots of time. Most people will make notes during workshops, ...

[Show more]

Preview 2 out of 15  pages

Document information

  • July 20, 2023
  • 15
  • 2021/2022
  • Exam (elaborations)
  • Questions & answers

Subjects

Written for

All documents for this subject (23)

3  reviews

review-writer-avatar

By: zveread • 2 months ago

review-writer-avatar

By: zarahsultan • 10 months ago

review-writer-avatar

By: akatiesutton • 1 year ago

Seller

avatar-seller
lawnotes08

Reviews received

Content preview

Contract Law - Contents of a Contract: Exemption Clauses

[STEP 1] Here, there is a valid B2B / C2B / C2C sale of goods / services contract
between X, acting in the course of their business, and Y.

[STEP 2] Possible causes of action - breaches of express or implied terms

Possible breaches

There may be a breach of the express term to [FINISH USING BELOW EXPRESS
TERM NOTES].

Given the nature of the contract (see above), there may be a breach of the implied term
to / term implied by the courts based on [FINISH USING BELOW IMPLIED TERM
NOTES].

[NORMALLY IF EMPLOYERS NOT PRIVY TO CONTRACT INVOLVED] Tort of
negligence

C could also sue D in the tort of negligence, and [INSERT EMPLOYER] via vicarious
liability. D had a duty to take reasonable care when [INSERT ACTION], and arguably
breached this by duty [INSERT NEGLIGENT ACT], which caused [INSERT DAMAGE /
HARM TO C]. On the facts, [INSERT D] cannot rely on any defences.

- Express terms are terms specifically agreed by the parties, orally or in writing.

- Implied terms are terms not expressly created by the parties but are implied into
the contract, either by a court in the course of litigation, or by statute.)

Terms implied by the courts

Terms can be implied by the courts during litigation:

[INSERT RELEVANT ONES FROM BELOW]

- Based on local custom or trade (Hutton v Warren);
- Based on a previous course of dealings between the parties (Spurling v
Bradshaw);
- Based on the presumed intentions of parties (The Moorcock; Shirlaw v Southern
Foundries Ltd);
- Due to the type of contract (Liverpool City Council v Irwin and Another).

, Local custom or trade

Applies to points that seem so obvious that the parties do not bother to make an
express provision (Hutton v Warren).
- In Hutton, a seed allowance to a farmer was implied into the contract as it was
customary for it to be given and there was nothing in the contract to suggest this
custom should not be followed.

Previous course of dealings

Terms can be incorporated into the contract by parties’ previous consistent course of
dealings (Spurling v Bradshaw).

Presumed intentions of the parties

To imply terms relation to presumed intention, the court can apply two tests:
- 1) ‘Business efficacy’ test - the court should consider whether a term is
necessary to make the contract work commercially (The Moorcock).
- 2) ‘Officious bystander’ test - a term can only be implied if the point was so
obvious that it went without saying that that was what the parties intended
(Shirlaw v Southern Foundries Ltd).

Type of contract

Where a contract is of a kind which frequently occurs, the court may imply provisions
which are typical of that kind of contract unless the parties make contrary provision,
such as the landlord’s responsibility for repairing common areas in tower blocks
(Liverpool City Council v Irwin and Another).

Terms implied by statute

- Sale of Goods Act 1979 (SGA 1979)
- Since the CRA 2015, the SGA 1979 applies to contracts for the sale of
goods B2B, C2B, and C2C, not B2C.
- Trader - ‘a person acting for purposes relating to that person’s
trade, business, craft or profession, whether acting personally or
through another person acting in the trader’s name or on the
trader’s behalf’ - CRA 2015

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

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

Quick and easy check-out

You can quickly pay through credit card for the summaries. There is no membership needed.

Focus on what matters

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 lawnotes08. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for £5.99. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

83100 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy revision notes and other study material for 14 years now

Start selling

Recently viewed by you

Exam (elaborations) ·

(0)

Digital Court Reporting Exam
£5.99
  • (3)
  Add to cart