guidelines for 1a, 1b, 1c, 1d, 2a, 2b & 2c

7/28/2019 Guidelines for 1a, 1b, 1c, 1d, 2a, 2b & 2c

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TASK

1 (a) Explain the different types of business

agreement and the importance of the key elements

required for the formation of a valid contract.

Part 1:

Explain Contract

1.1DEFINE A CONTRACT1.2GIVE EXAMPLES FOR DIFFERENT TYPES OF

CONTRACTS bilateral vs unilateral; express vs implied; promissory

estoppel; quasi; simple; specialty and standard form

(No need to give details but put it in your appendix).

1.3WHEN DO YOU ENTER INTO A CONTRACT WITHSOMEONE?

When you buy a house

When you buy from a shop

When you start working in a company

Part 2:

Explain the different types of Business Agreement

2.1 AGREEMENT AS AN ESSENTIAL ELEMENT IN

FORMATION OF A CONTRACT define agreement

explain the importance of agreement

explain components (offer & acceptance) of agreement

and its validity

apply agreement to your above example of a contract

with someone

2.2 GIVE EXAMPLES OF DIFFERENT TYPES OF

BUSINESS AGREEMENT give 2-3 types of business agreements

Employment contracts

Buying and selling goods

Renting or buyinga property Franchise agreement

Export or import of goods

Use of software licensing agreement

Sub-contracting agreement, etc

apply offer and acceptance by parties to the contracts in

your business agreement examples. E.g. employment

contract.Agreementbetween employee and employer for

the terms of employment. Terms usually include salary,

working hours.

Part 3:

Explain the importance for the key elements

required for the formation for a valid contract

3.1 WHAT ARE THE ESSENTIAL KEY ELEMENTS TOFORM A CONTRACT?

briefly discuss essential elements: agreement;

consideration and intention to create legal relations

briefly discuss validity factors: form; genuine consent;

capacity; content and legality

3.2 EFFECT OF CONTRACT IF KEY ELEMENTS ARE

ABSENT?

3.3 EFFECT ON AFFECTED PARTIES

explain vitiating factors if contracts may be void,voidable or unenforceable

3.4. CONCLUSION

CLAIM 1:

1 (b) YOU ARE REQUIRED TO ANALYSE THE

SCENARIO FROM THE PERSPECTIVE OF THE LAW OF

CONTRACT. APPLY THE RULES OF OFFER AND

ACCEPTANCE IN A GIVEN SCENARIO ALSO

CONSIDERING ANY IMPACT OF NEW TECHNOLOGY

Part 1:

1.1ISSUE whether there was a contract between parties in

question of fact for contract concluded through internet.

1.2ONLINE TRANSACTION what are the principles governing the formation of

written and oral contracts concluded through internet? In the context of the formation of contracts, can offer

and the acceptance be expressed by means of

electronic communications? Refer to page 6,

formation and validity ofcontracts under s.11 of the

Electronic Transaction Act. Cap 88. Give case

example: Chwee Kin Keong v Digilandmall. Pte Ltd.

discuss the effectiveness of contract between parties

on an electronic communication

Is case scenario a type of invitation to treat? (Use s.14

Invitation to make offerunder the Electronic

Transactions Act. Caps 88 to confirm).

Use s.16 part 2a under Error in electronic

communications to explain why contract has becomebinding (i.e. has not used or received any material


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benefit or value from the goods or services, if any,

received from the other party).

Part 2:

2.1 ISSUE (MATTERS THAT ARE IN DISPUTES)- whether there is a breach of contract for not deliveringthe 1,000 sets of hand phones to M5.

2.2 DEFENCE AGAINST WINSLOW explain vitiated mistakes shared by both parties i.e.

common mistakes

identify and define the type of mistake for case in claim

apply rule of unilateral mistake

rule: where one party is mistaken as to the terms ofthe contract and the other knows this, contract

will be void, regardless of whether the terms is

fundamental. give case example

analyze case

M5 bears the burden of proof that Winslow actually

knew about the mistake. Explain the proof.

form conclusion (need to draw assumption from analysis)

Part 3:

3.1 ISSUE (MATTERS THAT ARE IN DISPUTES)- whether there is a breach of contract for not delivering

the set of hand phone to Charlene, the university

student

3.2 DEFENCE AGAINST CHARLENE is M5 defense weaker than Mr. Winslow?

analyze case

could M5 prove that Charlene concluded the contract is

under a unilateral mistake in order to make their contract

void?

form conclusion (need to draw assumption from analysis)

Part 4:

4.1WAY OF STRUCTURING ITS MODE OF ONLINETRANSACTION IN PREVENTING A SIMILARINCIDENT FROM HAPPENING AGAIN IN THE

FUTUREdefine counter offer apply counter offer in M5s statement of reply

form conclusion on how counter offer could help M5 notto bind itself until a firm offer is accepted by them,

otherwise there is no contract.

Claim 2:

1 (c) Assess the importance of the rules of intention

and consideration of the parties to the agreementPart 1:1.1 Explain intention and its Importance of the rule

define intention

what are the rules of intention in domestic and

commercial agreement and why is it so important?

Part 2:

2.1 Explain consideration & its importance of the

rule define consideration and why is it so important?

explain the various types of consideration: executory;

executed and past consideration. give case example for each type of consideration

In Cocos case, what was the consideration given by

Mrs. Winslow?

Part 3:

3.1 ISSUE (MATTERS THAT ARE IN DISPUTES) whether there was an agreement between husband and

wife? Was it intended to be legally binding?

3.2 LEGAL INTENTION TO TRANSFER PROPERTY TO

WIFE

In Winslows case, was there an intention to create legalrelation for domestic agreement by both parties by

both parties (husband and wife) from legals

perspective? Give case example.

may court impute an intention to create legal relations

for spouses relating to property maters? Give case

example.

3.3 CONCLUSION draw assumptions from analysis

Part 4:

4.1 ISSUES (MATTERS THAT ARE IN DISPUTES) whether there was an agreement between landlord and

tenant?

whether promise made after a performance is legally

binding?

4.2 LEGAL INTENTION FOR A ROOM RENTAL

CONTRACT was there an intention to create legal relation by both

parties (landlord and tenant) for a commercial

agreement from legals perspective? Give case example.


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4.3EXPLAIN & APPLY CONSIDERATION TO CASE define consideration

explain the various types of consideration: executory;

executed and past consideration.

explain and apply adequate consideration to case

scenario for a room rental contract

4.4REFUSAL TO REDUCE RENT identify the type of consideration

apply rule

give case example

form conclusion

Part 5:

5.1 ISSUE do it on your own

5.2 SEEKING TO INCREASE RENT discuss the terms in existing contract

discuss and apply unsupported fresh consideration rule

discuss and apply mirror image rule

form conclusion (need to draw assumption from

analysis).

Claim 3:

1 (d) Explain the importance of the contracting

parties having the appropriate legal capacity to

enter into a binding agreement

Part 1:

1.1 EXPLAIN THE DIFFERENT GROUPS OF

CONTRACTS BETWEEN A MINOR AND ANOTHER

PARTY explain the different groups of contracts for a minor (i.e.

valid; voidable and unenforceable contract).

Part 2:

2.1ISSUESdo it on your own for three cases (betting, shares and

fake gold chain contracts).

2.2BETTING CONTRACT identify the type of contract between Benny and

bookmaker (William Hill Betting PLC). Use gambling act

to confirm.

apply rule of gambling act (i.e. gambling debts are void)

give case example for a void contract

analyze if Benny would receive anything for his winnings

as well as the money he spent on betting i.e. his

capital?

form conclusion

2.3SHARES CONTRACT is purchasing share a legal activity for Benny? Give

general views of others between purchasing share and

gambling.

identify the type of contract Between Benny and

stockbroker (technically voidable for Benny and may beunenforceable by stockbroker)

apply rule of voidable contract [i.e. binding unless and

until the minor rescinds (withdraws) the contract].

give case example.

apply rule of unenforceable contract [i.e. cannot force a

minor to accept until minor ratifies (adopts) it - but adult

is bound].

provide analysis: cannot force Benny to pay up for the

price of the share. Benny is able to sue the stockbroker

on the contract for lack of payment if he sells the share

and it is possible for Benny to enforce (effective)

contract.-form conclusion (need to draw assumption from analysis).

2.4FAKE GOLD CHAIN CONTRACT discuss caveat emptor

apply rule for Thomas to pay Benny

comment on fraudulent representation made by Benny.

Advice the action and remedy Thomas could take and

have.

-form conclusion (need to draw assumption from analysis)

Claim 4:

2 (a) Analyze specific contract terms with referenceto their importance and impact if these terms are

broken.

Part 1:

1.1TERMS IN EXISTING CONTRACT evaluate existing terms

explain effect of terms (i.e. restraint of trade; remedies;

existence of exemption clause)

Part 2:

2.1 ISSUES restraint of trade

remedies

existence of exemption clause

2.2 RESTRAINT OF TRADE & REMEDIES whether there is a possibility to have exclusive

agreement to give intention to restraint trade?

give case examples

apply test of reasonableness and fairness in protecting

Cindys commercial interest

assessment for test of reasonableness for clause 1 :

length of restraint and provision 7


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assessment for test of reasonableness and fairness for

clause 2: no undertaking as to quality of the materials

used and good workmanship

form conclusion for getting an injunction to prevent

Winslow from buying elsewhere or damages for lost

sales.

2.3 EXEMPTION CLAUSE identify the type of term for exemption clause (i.e.

express)

assessment for test of reasonableness and fairness:

apply sale of Goods Act 1979, s.13(1); s.14(2) ands.14(3)

apply UTCA act 1977, Avoidance of liability for breach of

contract s.3(a)

give case example

form conclusion for an effective defense for Cindy (need

to draw assumption from analysis).

2(b) Apply and analyze the law on standard form

contracts

Part 1:

1.2STANDARD FORM CONTRACT define standard form contract

Part 2:

2.1 APPLICATION & ANALYSISexplain express term, its two categories (conditions &

warranties) and the remedies available to injured party.

identify and discuss exemption clauses, if any in the

contract

discuss & apply implied term (by custom, by courts or by

statute) in the contract

discuss & apply main purpose rule, breach of conditions &

warranties and fundamental breach.

discuss & apply UTCA act 1977:

test of reasonableness and fairness s(11)

sale of Goods Act 1979

avoidance of liability for negligence S (2) & S (3)

give case example

form valid conclusion (need to draw assumption from

analysis)

Claim 5:

2(c) Discuss the effect of exemption clauses in

attempting to exclude contractual liability

Part 1:1.1EXCLUSION CLAUSE

Define exclusion clauseDiscuss the conditions for relying on clause (must be

incorporated, interpreted, tested under UTCA Act 1977

and UTCCR 1999)

Part 2:

2.1 ISSUESdo it on your own

2.2 DISCUSS EXCLUSION CLAUSE 1: Newport Servicecan accept no responsibility for any damage

caused as a consequence of repairs carried out

on these premises. explain how the above exclusion clause was incorporated

(by signature, notice or previous dealings?)

discuss when exclusion clause 1 must be brought to the

attention to Winslow and was there also sufficient notice

given to him in order to be binding.

establish whether above exclusion clause was considered

to be incorporated, if so analyze whether breach of

clause has occurred

discuss and apply rules for main purpose; breach of

condition and fundamental breach. Give case

examples.

apply UTCA act 1977, Avoidance of liability for

negligence S3(a & b) on restricting liability for own

breach and non performance.

apply UTCA act 1977, test of reasonableness and

fairness: Sale and supply of goods (ss.6-7), which

cannot exclude or restrict liability for breach of the

conditions.

discuss courts consideration for test of reasonableness

S(11) - refer to lecture 7c, slide 11)

discuss and apply UTCCR 1999 - refer to lecture 7c,slide 11)

apply rule and analyze whether condition could be

contained at the back of the receipt which Winslow had

signed without reading. Give case example. form valid conclusion (need to draw assumption from

analysis).


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2.3 DISCUSS EXCLUSION CLAUSE 2: THESE PREMISES

ARE DANGEROUS. Clients enter these premises

at their own risk and Newport Service accepts

no responsibility for any damage or injury

sustained. explain how the above exclusion clause was incorporated

(by signature, notice or previous dealings?)

discuss when exclusion clause 2 must be brought to the

attention to Winslow and was there also sufficient notice

given to him in order to be binding.

establish whether above exclusion clause was considered

to be incorporated, if so analyze whether breach of

clause has occurred

discuss and apply rules for UCTA act 1977, avoidance

of liability for negligence S2(1) for a void clause on

personal injury (refer to lecture 7C, slide 5).

form valid conclusion (need to draw assumption from

analysis).

guidelines for 1a, 1b, 1c, 1d, 2a, 2b & 2c

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