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Contract cases
| Question | Answer |
|---|---|
| Lestrange v groucods | Signed but didn't read exemption clause - still bound |
| Duffy v Great Northern Railway | Conditions on invoice were referred to in Contract |
| O'connor v First National Building Society | Mortgage application on standard form excusing liability for defective property. Was written in big writing above area left for signature. O'connor signed thus was held to be bound by the exemption clause |
| Noreside Construction v Irish Asphalt [2104] | Recent case. Delivery docket referred to terms and conditions but didn't contain them. Must contain them to be valid |
| Johnson v Great Southern Railway | No signature ticket case Purchased ticket thus deemed to be bound |
| Parker v South Eastern Railway | Nb reasonable steps test ticket said "see back" on it 1. Did P know of clause = bound 2. P has no notice = not bound 3. Notice given but was it reasonable 4. Not just writing "see back" but also terms on the ticket = constructive notice |
| Early v Great Southern Railway | Irish equivalent of parker. Very harsh decision. Terms were not readily available for inspection still bound |
| Olley v Marlborough court hotel | Booking paid for in advance. Jewelery stolen from room. Clause was hanging up in room = plaintiff not bound. Clause must be brought to other parties notice prior to agreement being reached |
| Thornton v shoelane parking | Terms outside the car park. Ticket issued from machine. In order to be bound terms would have to be at machine prior to money being put in (acceptance) |
| Spurling v Bradshaw | Acceptance through prior dealings |
| Ronan v midland | Deliberate injury to cows could now be protected from liability by an exemption clause |
| Charter v Hopkins | Supplied beans instead of peas could not escape liability for fundamental breach |
| Photo production v securicor transport | Clear words could exclude liability for fundamental breach |
| Clayton love | Scampi case. Transported at room temperature when it should have been frozen. Fundamental breach could not be excluded by exemption clause. |
| Cutter v power | Entire performance- sailor who died on voyage wife for no money |
| Coughlan v Moroney | House not finished |
| Hoeing v isaacs | Substantial performance. Contracted to redecorate. Carried out everything except one bookcase. Entitled to be paid for all work minus the price of the bookcase. |
| Kincora Builders v cronin | Kincora refused to finish insulation of attic and could not rely on substantial performance as they abandoned they contract |
| Rule in sumper v hedges | If you are willing to accept incomplete performance you must pay for it |
| Planche v Coalburn | Prevention of performance. Books series dropped by publisher before writer could finish. Writer entitled to be paid for the performance he had carried out |
| Startup v macdonald | Tender of performance. Oil delivery at particular time defendants rejected it because it was too late. Court held startup deserved to be paid for their tender |
| Repudiate | Reject contract discharging all obligations and Sue for damages |
| Hochester v deasy la tour | Anticipatory breach. Contract of employment due to start in June repudiated in may. |
| Dundalk shopping centre v roof spray Ltd | Fundamental breach- meant to spray roof with water proof substance. Due to delay and negligence roof leaked. Clark 1. Seriousness and effect of breach 2. Likelihood of reoccurrence in future |
| Poussard v spier | Missed opening night performance. Opera singer. Found to be a fundamental breach- root of contract |
| Bettini v Gye | Missed rehearsals deemed to be breach of warranty not fundamental breach |
| Breach of condition | S.12 1980 act |
| Venue destroyed in fire 6 days before event | Taylor v Caldwell |
| Davies contractors v Fareham udc | Contact took 22 months instead of 8 - not impossible just because it took longer than planned. Still delivered main benefits of the contract |
| Room rented to watch coronation. Cancelled due to illness of the king. | Krell v Henry |
| Herne bay steam boat v hutton | No frustration could still use the boat |
| Mcguill v aer lingus and United airways | Knew of strike action coming up but did nothing to accommodate passengers |
| Maritime fish v ocean trawlers | Failed to get proper licence led to frustration. Cannot be self induced |
| Fibrosa | Restitution on basis on unjust enrichment. £1000 paid but no benefit by fibrosa gained |
| Hadley v Baxendele | Natural flow Specialist knowledge |
| Victoria laundries v Newman industries | Lost lucrative government contracts as result. No specialist knowledge on defendants part |
| Feeding animals bad fodder - natural consequence would be injury to animals | Wilson and dunville |
| Waller v great Western railway | Horses that had to be rode to dublin. Bad diet. GWR had no specialist knowledge of this |
| Kemp v intasun holidays | Customer with asthma had bad stay on hotel which aggravated the condition but never told hotel of it. Damages reduced from 800 to 400 on appeal for this reason |
| Brace v calder | Mitigation of loss. Wrongful dismissal offered job back refused to take it |
| Cullen v Horgan | Delivery of goods - some point party should realise and seek other method of delivery. |
| Racehorse and loss calculated on previous winnings | Hawkins v rogers |
| Section 50 (3) 1983 act | Market value of good. |
| Swimming pool built to wrong specifications. Cost of cure awarded | Ruxley electronics v forsyth |
| Stoney v fox | 10 sheep died of disease and lands unsuitable as a result. Successfully claimed for sheep and loss of use of land as per rule of remoteness |
| Complete compensation for bad build of house and consequential loss of earnings | Leahy v rawson |
| Actor who Bailed on contract. TV studio claimed on a reliance loss basis | Anglia television v reed 1972 |
| Model who didn't receive invite to attend interview/competition awarded damages despite having no guarantee she would've won | Chaplin v hicks |
| Bad annual holiday skiing | Jarvis v Swan tours |
| Diesen v samson | Damages for stress in relation to contracts for enjoyment - wedding photographer never turned up |
| Wedding party turned away on the day couple awarded â¬6000 | Dinnegan v Ryan |
| Dunlop tyre v new garage | Test for penalty clauses. Extravagant and unconscionable Lump sum If consequence of breach is difficult to calculate they may be upheld |
| Roscarla v Thomas | Past consideration. Horse sound and free from vice after contract was made |
| Good title | Section 12 1983 act |
| Sale by description | Section 13 1983 act |
| Oscar chess v Williams | Mileage of car is not a description |
| Quality of goods | S.14 1983 act S. 14 (4) purpose |
| Bernstein v pamson motors | Second hand car - drive safely |
| Rogers v parish | New car - higher standard |
Created by:
lacaq27