shxnxsx - Tumblr blog

[shxnxsx]

The leading case of frustration Paradine v Jane

[shxnxsx]

[shxnxsx]

Undue influence - ER

Duress - BA

Economic Duress - angry PAO ON

21% reduction

LARCO s. 21 CN

Res ipsa loquitur - WVT

Evidence Ordinance 62 - 8

Vitiating factor - mistake

Misrep - smith v LHP & CCCDC

Misrep ordinance 284

Exemption Clauses O. 71

Illegality - Pearce v Brooks

Express term - can be verbal

Breach of contract

Term - condition/warranty/innominate

In terms of violations of contracts.

Condition R&CD

Warranty CD

Innominate - HKF v KKK - depends on seriousness

HKF v KKK - est. basis for an innominate term.

Private nuisance - indirect interference with the owner's

...real property either on the owner's land or near it.

...affects the use or enjoyment of land

..."overlooking" (Fearn v Board of Trustees of the Tate Gallery)

...between neighbours ( LEUNG CHANG HUNG v INC. OWNERS

OF KWOK WING HOUSE).

...remedy: damages, injunction or abatement.

Consideration - price of promise, condition & guarantee (Hamer v Sidway).

...Lack of consideration (Chappel v Nestle)

Principle of acceptance - acceptance must be communicated

...except for unilateral contracts or if the postal rule applies.

Frustration - termination by BPAD

Frustration - Taylor v Caldwell - music hall.

Unilateral contracts - binding - carlill v carbolic smoke ball co.

Defences to negligence

Volenti non fit injuria (Morris v Murray).

Ex Turpi Joyce v O'Brien

Contributory - 21%

Formation of contract

Agreement - GIBSON - agree with gibson

Consideration - 3 - CURRIE, CLP & WILLIAMS-B&D

Intention - BALFOUR // EDWARDS

Capacity - full legal capacity - mentally competent

Certainty - offer.

Tort - CVT - FREE FROM HARM

Focus: negligence & nuisance 2n

Source of contract law

Cases but also 71E, 284M

[shxnxsx]

[shxnxsx]

undue influence - interaction of a stronger and weaker party, where the latter is influenced to agree to the terms of a contract.

etridge v royal bank of scotland.

oth:

li sau ying v boc

[shxnxsx]

duress - barton v armstrong - unlawful force/threat - renders contract voidable.

economic duress - Pao On v Lau Ying Long - illegitimate pressure

[shxnxsx]

LARCO s. 21 - contributory negligence

[shxnxsx]

res ipsa loquitur - Ward v Tesco Stores Ltd - with regards to negligence, most probably was negligent. est. a prima facie case. defendant can attempt to rebut the inference.

the thing speaks for itself - a doctrine at common law.

[shxnxsx]

(Cap. 8) Evidence Ordinance s. 62 - unless the contrary is proven, it is taken that a person has committed an offence.

[shxnxsx]

minor illegality -

[shxnxsx]

for CLS tort - negligence and nuisance.

[shxnxsx]

law amendment and reform (consolidation) ordinance.

[shxnxsx]

fisher v bell.

[shxnxsx]

vitiating factors of a contract mistake - c m u misrep duress undue influence illegality & unconscionability.

[shxnxsx]

express terms, stated in the contract ---- can be a verbal contract.

[shxnxsx]

breach of contract - terms in contract law

condition -- SERIOUS term rescind and/or claim damages

warranty -- LESSER term only claim damages

innominate - depends on SERIOUSNESS, does not fall into either category of condition or warranty

innominate term - est. in the case of Hong Kong Fir Shipping v Kawasaki K K

[shxnxsx]

personal v real property.