Business Law hard Stuff

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Requirements of acceptance of an offer 6
1. Must be communicated to the person making the offer (except for post)
2. In the same terms of the offer
3. Contract not still subject to a condition
4. Acceptance made while the offer is still in existence.
5. Acceptance made in acceptable form. (how the offeror asked you to accept)
6. An offer can only be accepted by those to who it is addressed
Requirements of an offer
1. Must be promissory
2. Sufficiently complete (setting out all the necessary aspects of a workable transaction.) 3. Intended to result in a contract if accepted
4. Addressed to a particular person or to an identified group of persons
For terms to be implied ad hoc, the court must apply the officious bystander test, and then ensure (4)
– Suggested term is reasonable and fair
– Suggested term is needed to make the contract workable/give business efficiency
– Suggested term can be clearly expressed
– Suggested term is compatible with the expressly agreed terms of the contract.
4 times the parole evidence rule can be set aside?
– mistake
– ambiguity
-collateral contracts
-important oral terms
Common law used to take a strict approach to late performance. who requires them to take a more equitable approach?
Legislation
When will a contract not be said to be frustrated (2)
1. when it can be inferred that the parties assumed the risk of the changed conditions
2. it is a parties fault the contract is frustrated
General rule of risk is:
1. Accidental destruction of, or harm to, property falls on the owner of the property
2. The risk of other foreseeable loss or harm falls on the person who has taken on the risk of that loss or harm
Conduct is misleading when it leads the persons at whom it is directed into error. There are therefore two questions to ask. (2)
Firstly, at what group of persons was the conduct directed?
Secondly, were those persons likely to be misled because of the conduct in question?
Unfair Contract Terms Requirements (3)
• The terms in question would cause a significant imbalance in the parties’ contractual rights and duties.
• The terms in question are not reasonably necessary to protect the legitimate interests of the party who would be advantaged by the term.
• If relied on, the terms in question would cause a financial or other detriment to one of the parties
The court will also consider the …… when seeing if terms are unfair
transparency
What do private remedies other orders include?
• Void contract in whole or part;
• Varying the terms of a contract
• Refusing to enforce any part of a contract
• ordering the refund of money
• Ordering the payment of repairs, the supply of spare parts or the supply of specific services
• Varying or reversing a transfer of land.
When a person says they are an agent when they are not. They may be liable for:(4)
• Breach of collateral contract (warranty of authority) by promising the third party that they are an agent when they are not
• Tort- Negligence (misrepresentation that causes purely economic loss)
• Tort- Deceit
• ACL- Breach of Section 18 Misleading Conduct
When must an agency be given in writing? 3
• A period exceeding one year
• to buy or sell land or an interest in land, or a business.
• Appointing an agent formally by executing a power of attorney may also be important if the agent is required to sign a deed on behalf of their principal
Battery
Protects a person from violence or threats of violence. Any intentional or negligent act that results in some physical contact with a plaintiff’s body. But it is also a requirement that the contact take place either with a hostile intent, or without the plaintiff’s consent.
False Imprisonment
The tort of false imprisonment exists to protect an individual’s liberty.
Nuisance
Protection of the right to quiet and peaceful enjoyment of ones property
Deceit
Protection against being deliberately mislead
Defamation
Protection of personal reputation
Trepass to land or chattels
Protection of property from interference
When seeing if the duty of care was breached, it is asked, –
how likely was the harm, how serious was the harm and how easy was it to prevent the harm?
When seeing if the duty of care was breached, it is asked, how likely was the harm, how serious was the harm and how easy was it to prevent the harm? What else might be considered
do policy considerations excuse the harm in question.
To decide whether negligent conduct caused particular harm it must be shown: 2. How are these things shown?
(a) that the negligence was a necessary condition of the occurrence of the harm and
(b) that it is appropriate for the scope of the negligent person’s liability to extend to the harm so caused. but for test
Recognized duty situations 6
• Occupiers of property and persons entering the property
• Statutory authorities and the public
• Road users and other persons using the road
• Persons in a fiduciary relationship
• Persons in a contractual relationship
• Manufacturers and consumers
Categories: Business Law