Busy. Please wait.
Log in with Clever

show password
Forgot Password?

Don't have an account?  Sign up 
Sign up using Clever

Username is available taken
show password

Make sure to remember your password. If you forget it there is no way for StudyStack to send you a reset link. You would need to create a new account.
Your email address is only used to allow you to reset your password. See our Privacy Policy and Terms of Service.

Already a StudyStack user? Log In

Reset Password
Enter the associated with your account, and we'll email you a link to reset your password.
Didn't know it?
click below
Knew it?
click below
Don't know
Remaining cards (0)
Embed Code - If you would like this activity on your web page, copy the script below and paste it into your web page.

  Normal Size     Small Size show me how

Construction of Cont

What case established the 5 modern principles governing construction? Lord Hoffman in I.C.S. v West Bromwich
Principle 1: Interpretation is the ascertainment of the meaning which the document would convey to the reasonable man with all background knowledge which would have been reasonable to the parties at the situation they were in at the time of the contract
Principle 2: The background info was described as the matrix of fact. Subject to the qualification it must have been reasonably available and the exception below, it includes anything which would have influenced the way the doc. was understood by reasonable man.
Principle 3: Previous negotiations and subjective declarations of intention are not admissible to the background.
Principle 4: Meaning of words and meaning the document would convey to a reasonable man are not the same thing. Words = dictionaries and grammar. Meaning = how those words would be understood by the parties against the relevant background. Choose and invalidate.
Principle 5: Rule that the words must be given ordinary and natural meaning means that it is not easily accepted that people have made linguistic mistakes in legal documents. If detailed semantic and syntactical analysis flouts business commonsense....
What is the Parol Evidence Rule? Parol testimony cannot be received to contradict, vary add or subtract from the terms of a written contract or the terms in which the parties have deliberately agreed to act upon.
What case stated the Parol Evidence Rule? Bank of Australasia v Palmer
Exception 1: If the written not was not intended to be the entire contract Clayton Love v B & I Transport
Exception 2: To explain a custom Wilson Strain v Pinkerton
Exception 3: To aid construction Ulster Bank v Synett
Exception 4: To explain the circumstances surrounding the agreement Revenue Commissioner v Moroney
Exception 5: To demonstrate non-existence or non-operation of the contract Pym v Campbell
Exception 6: Rectification
Exception 7: To demonstrate the existence of a collateral contract Heilbut, Symons v Buckleton
Created by: sineadgriffin
Popular Law sets




Use these flashcards to help memorize information. Look at the large card and try to recall what is on the other side. Then click the card to flip it. If you knew the answer, click the green Know box. Otherwise, click the red Don't know box.

When you've placed seven or more cards in the Don't know box, click "retry" to try those cards again.

If you've accidentally put the card in the wrong box, just click on the card to take it out of the box.

You can also use your keyboard to move the cards as follows:

If you are logged in to your account, this website will remember which cards you know and don't know so that they are in the same box the next time you log in.

When you need a break, try one of the other activities listed below the flashcards like Matching, Snowman, or Hungry Bug. Although it may feel like you're playing a game, your brain is still making more connections with the information to help you out.

To see how well you know the information, try the Quiz or Test activity.

Pass complete!
"Know" box contains:
Time elapsed:
restart all cards