Contract law structure:

Offer and acceptance

1. Has an offer been made? (Bilateral, unilateral or an invitation to treat) When does it come into existence?

2. Is there any issue over whether the offer has ended?

3. Has there been (or can there be) acceptance of the offer?

Intention to create legal intentions

Social agreements/Business agreements

1. Presumption (Social- NO intent/ Business- AN intent)

2. Rebuttal

3. Conclude

Consideration

1. Consideration need not be adequate but must be sufficient

2. Must not be past

3. Performing a pre-existing duty is not consideration for a new contract.

4. Conclude

Privity

1. Must be party to the contract to sue/ be sued.

2. Statutory exceptions

3. Common law exceptions.

4. s1(5) Contracts (Rights of third parties) Act 1999

Economic duress

1. Must be an unlawful threat

2. Threat must have vitiated consent.

3. The V must show that they protested at the time, or made clear to the mark that they were not happy.

4. Remedy (Rescission and restitution)

5. Even if the C did protest, any delay in bringing a claim will mean that they will not be entrusted to restitution.

Misrepresentation

1. There must be a false statement

2. of material fact

3. made by a party to the contract

4. Which induces the C to enter the contract

5. Type of ________

6. Remedy?

7. If relevant, any breaches of the Consumer Rights act 2015 (s13/14)

Types of term

1. Warranties

2. Conditions (contract,custom to a trade, Sale of Goods Act 1979, Sale of Goods and Services Act 1982, delay)

3. Innominate term

Incorporation of terms

1. Express

2. Implied (Common law)

3. Implied (Statute law)

4. Remedies

Performance

1. Performance must be exact and complete

2. Delayed performance

3. Exceptions to the complete and exact rule.

4. Conclusion

Frustration

1. Reasons (Impossibility, Change of circumstances, illegaility etc)

2. Was the event frustrating or not? (Foreseeable? In the control of the parties?)

3. Remedy