Ct11 - Contract Law: (2) Contents of a Contract: Exemption Clauses: Contra Preferentem Rule & Fundamental Breach

As we noted in our first podcast on exemption clauses, we are dealing with an important part of the law of contract, the effects of which we see all around us. If the clause in question has been incorporated into the contract, we must then turn our attention to effectiveness of the clause in excluding liability. There is a rule, the Contra Preferentem Rule, that if there is any doubt as to the clause, it is construed against the proferens, that is the party in whose favour the clause was drafted. Although the doctrine of Fundamental Breach properly belongs to the next part of the syllabus, it is necessary to cover it here as it was a particular response to widely drawn and often unfair exemption clauses. Much of what the courts were doing has now been put on a statutory footing by the European Communities (Unfair Terms in Consumer Contracts) Regulations 1995

Contents: 

 2) CONTENTS OF A CONTRACT

   D. Exemption Clauses

   (ii) Contra Preferentem Rule

• What are Exemption Clauses?
• Wilful Damage and Negligence
• Three Stage Negligence Test
• Main Purpose Rule

   (iii) Doctrine of Fundamental Breach 

   (iv) Is the Clause Affected by Legislation?

• Legislation that Prohibits Use of Exemption Clauses
• Definition of a Consumer

I hope you enjoyed this podcast and found it to be of help as you prepare for the exams in August. This is a free resource. Your opinions, comments, clarifications and corrections matter to me. Let me know what you think. Send me an email at preparingforkingsinns@gmail.com or post a comment below. As an express term of your using this resource, I remind you that I accept no liability for any errors, omissions or inaccuracies in this or indeed in any of the podcasts posted on this blog by me or any other contributor. These podcasts should not be relied upon to prepare for the exams. They are a study aid.

Ct10 - Contract Law: (2) Contents of a Contract: Exemption Clauses: Incorporation

Exemption Clauses are possibly one of the areas of contract law that is to be most evident in the daily life of an ordinary citizen. Attempts by businesses, schools, and even the humble shop keep and farmer to limit their liability have seen signs in bright red ink pop up everywhere in the last thirty odd years warning people that 'no liability will be accepted', you do this 'at your own risk', you carry your bags on a train 'at owner's risk', your car isn't safe in this carpark and so on. Nothing seems clear and nobody seems liable. Even I, with my insistence on inserting an exemption clause after every podcast, am an example of this trend. This is a large and very important area of contract law, it involves real and serious issues which affect us all. However before we can consider whether an exemption clause is valid or not, we first need to establish whether the clause has been incorporated into the contract. This requires us to study the whole area of incorporation which I expound upon in this podcast.

Contents: 

 2) CONTENTS OF A CONTRACT

   D. Exemption Clauses

   (i) Clauses must be Incoporated into the Contract

• Incorporation in Contractual Documents
• By Express Reference
• By Signature
• By Reasonable Notice
• Ticket Cases
• Time at which Notice was Given
• Red Hand Rule
• By a Course of Dealing

Did you find this helpful? If so, please let me know. Did I make any mistakes? Please let me know also. This is a free resource and I could do with your help. Your opinions, comments, clarifications and corrections are welcome. Send me an email at preparingforkingsinns@gmail.com or post below. As an express term of your using this resource, I remind you that I can accept no liability for any errors, omissions or inaccuracies in this or indeed in any of the podcasts posted on this blog by me or any other contributor.

Ct9 - Contract Law: (2) Contents of a Contract: Implied Terms

Implied Terms are a very important part of the law of contract. It approaches often that perilous place in contract law when courts verge on fixing bad contracts, yet ever attempting to respect the freedom of all to contract as they wish. Fascinating really.

Contents: 

 2) CONTENTS OF A CONTRACT

   B. Implied Terms

   (i) Occasions in which a Term will be implied

• Upon the Presumed Intention of the Parties
• By Law

   (ii) Terms Implied in Fact

• Business Efficacy Test
• Officious Bystander Test
• Exceptions

   (iii) Terms Implied at Law

• By the Courts
• Under the Constitution
• By Statute

   (iv) Terms Implied by Custom

I hope you enjoyed this. Did I make any mistakes? Please let me know. This is a free resource and I could do with your help. Your opinions, comments, clarifications and corrections are welcome. Send me an email at preparingforkingsinns@gmail.com or post below. As an express term of your using this resource, I remind you that I can accept no liability for any errors, omissions or inaccuracies in this or indeed in any of the podcasts posted on this blog by me or any other contributor.

Ct8 - Contract Law: (2) Contents of a Contract: Conditions and Warranties

In this short podcast, I look at explaining what is being referred to on the syllabus in part two entitled 'Conditions & Warranties'. There isn't a great deal in this and in truth it's mostly an extension of the law relating to express terms.

Contents: 

 2) CONTENTS OF A CONTRACT

   C. Conditions and Warranties

   (i) Definitions

   (ii) Problems with the Condition/Warranty Dichotomy

   (iii) Innominate Terms

   (iv) Towards a Modern Test for Classification of Terms

I hope you found this presentation helpful. I can accept no liability for any errors, omissions or inaccuracies in this or indeed in any of the podcasts posted on this blog by me or any other contributor. This is a free resource. Your opinions, comments, clarifications and corrections are welcome. Send me an email at preparingforkingsinns@gmail.com or post below.

Ct7 - Contract Law: (2) Contents of a Contract: Express Terms

As we commence our examination of the contents of a contract, our first podcast deals with the quite complex area of express terms.

Contents: 

 2) CONTENTS OF A CONTRACT

   A. Express Terms

   (i) Warranties and Mere Representations

• Timing
• When Verbal Agreement is Reduced to Writing and Oral Statement made Not Included
• The Importance of the Statmenet in the Minds of the Parties
• Reliance
• Special Knowledge of Skill

   (ii) The Parol Evidence Rule

   (iii) Exceptions to the Parol Evidence Rule

• Where the Written Document was Not Intended by the Parties to be the Entire Contract
• To Demonstrate the Non-Existence or Non-Operation of the Contract
• To Explain a Custom
• To Explain the Circumstances Surrounding an Agreement
• To Explain the Subject Matter of a Contract
• To Correct a Mistake (Rectification)
• To Prove the Consideration

   (iv) Collateral Contracts

I hope you enjoyed this podcast. As usual, I can accept no liability for any errors, omissions or inaccuracies in this or indeed in any of the podcasts posted on this blog by me or any other contributor. This is a free resource. What do you think? Your opinions, comments, clarifications and corrections are welcome. Send me an email at preparingforkingsinns@gmail.com or post below.

Ct6 - Contract Law: (1) Contract Formation: Contractual Capacity

Contractual Capacity mostly concerns the ability of minors to enter into and be bound by contracts, however in this podcast we will also examine the contractual capacity of prisoners, persons of unsound mind, intoxicated persons and corporations. It's a long one, but it's pretty thorough.

Contents: 

 1) CONTRACT FORMATION

   I. Contractual Capacity

   (i) Minors

• Contracts that are Binding on a Minor
• Contracts Valid Unless Repudiated
• Contracts Absolutely Void Under the Infants Relief Act 1874
• Contracts Void Under Betting and Loans (Infants) Act 1892
• Non Contractual Transactions Involving Minors

   (ii) Prisoners

   (iii) Persons of Unsound Mind

• Disability Not Known to the Other Party
• Irish Case Law
• Text to Determine Incapacity
• Necessary Goods and Services

   (iv) Intoxicated Persons

   (v) Corporations

I hope you enjoyed this podcast. As usual, I can accept  no liability for any errors, omissions or inaccuracies in this or indeed in any of the podcasts posted on this blog by me or any other contributor. This is a free resource, we need your help. What do you think? Get on board and send me an email at preparingforkingsinns@gmail.com or post below.

Ct5 - Contract Law: (1) Contract Formation: Formal and Evidentiary Requirements

For the most part, the formal and evidentiary requirements discussed in this podcast concern those contracts required to be evidenced in writing under s.2 of the Statute of Frauds (Ireland) Act 1695 and other evidential requirements under the statute in order that such contracts be enforceable. This is another very antiquated element of contract law which has come under criticism but generally still makes sense, even if the exceptions are nearly more important in practice than the basics of the rule itself.

Contents: 

 1) CONTRACT FORMATION

   H. FORMAL AND EVIDENTIARY REQUIREMENTS

   (i) Contracts Required to be in Writing under s.2 of the Statute of Frauds (Ire) Act 1695

• Contracts for the Debts of Another
• Agreements made in Consideration of Marriage
• Contracts for the Sale of Land or an Interest Therein
• Contract not to be Performed Within a Year
• Contracts for the Sale of Goods in Excess of £10

   (ii) Requirements of the Statute of Frauds (Ireland) Act 1695

• Must be a Memorandum
• Contents of the Memorandum
• Parties
• Property
• Price
• Signature of the Person to be Charged or their Agent
• Joinder of Documents
• Subject to Contract

I hope you find this presentation helpful. Keep at it. The mountain is always daunting from the base. Keep climbing and you will make it to the summit. As usual, I accept no liability for any errors, omissions or inaccuracies in this or indeed in any of the podcasts posted on this blog by me or any other contributor. You are welcome to get onboard and make your own podcasts, all you need is an Iphone. This is a free resource. Please email your comments to me at preparingforkingsinns@gmail.com or post below.

Ct4 - Contract Law: (1) Contract Formation: Consideration & Estoppel

As we mentioned in our post on Consideration, it is a very important element in the formation of a legally enforceable contract. Some have criticised it however as not making any sense in a modern law of contract. The development of remedies in estoppel for lack of consideration, or for poor consideration has operated to allow the courts enforce contracts, where it would be unfair not to.

Contents: 

 1) CONTRACT FORMATION

   D. CONSIDERATION & ESTOPPEL

• Promissory Estoppel
• Proprietary Estoppel
• Legitimate Expectation

I hope you find this presentation helpful. Keep at it. The mountain is always daunting from the base. Keep climbing and you will make it to the summit. As usual, I accept no liability for any errors, omissions or inaccuracies in this or indeed in any of the podcasts posted on this blog by me or any other contributor. Check your own ropes! This is a free resource. Please email your comments to me at preparingforkingsinns@gmail.com or post below.

Ct3 - Contract Law: (1) Contract Formation: The Doctrine of Consideration

Consideration is a very important element in the formation of a legally enforceable contract. In fact, without consideration we cannot enforce a contract. This huge part of Contract Formation will be covered in two lengthy podcasts; first an examination of the doctrine of consideration followed by an overview of the equitable remedy of estoppel developed by the courts to circumvent some of the more harsh effects of the doctrine of consideration.

Contents: 

1) CONTRACT FORMATION

  D. THE DOCTRINE OF CONSIDERATION

• Consideration must move from the Promisee
• Consideration must not be Past
• Consideration must be Sufficient, but it need not be Adequate
• Invented or Illusory Consideration is not Sufficient
• Forbearance and Compromise
• Performance of an Existing Debt
• Part Payment of an Existing Debt

I hope you find this helpful. In the next podcast, we will consider estoppel, an addendum to Consideration in contract law. As usual, I accept no liability for any errors, omissions or inaccuracies in this or indeed in any of the podcasts posted on this blog by me or any other contributor. This is a free resource. Any comments, thoughts, complaints or corrections? Please email me at preparingforkingsinns@gmail.com or leave a comment below.

Ct2 - Contract Law: (1) Contract Formation: Termination of an Offer, Certainty and Intention to Create Legal Relations

In this, our second Contract Law podcast, we continue our examination of the nuts and bolts of contract formation, learning how an offer can be terminated, what constitutes certainty in contract law and the necessity that the parties intend to legal relations to ensue from their agreement if they wish it to be a legally enforceable agreement.

Contents: 

1) CONTRACT FORMATION

  C. TERMINATION OF AN OFFER

• Revocation
• Rejection
• Lapse of Time
• Death of Offeror

  E. CERTAINTY & COMPLETENESS

• Ambiguous Terms 
• Illusory Terms
• Matters of Interpretation
• Remedies
• Incomplete Agreements
• Modern Irish Approach

  F. INTENTION TO CREATE LEGAL RELATIONS

• Family/Domestic Arrangements
• Commercial Agreements
• Exceptions
• Flamboyant Acts
• Honour Clauses
• Letters of Comfort

I hope you find this helpful. As usual, I accept no liability for any errors, omissions or inaccuracies in this or indeed in any of the podcasts posted on this blog by me or any other contributor. This is a free resource. Any comments, thoughts, complaints or corrections? Please email me at preparingforkingsinns@gmail.com or leave a comment below.

Ct1 - Contract Law: Introduction, (1) Contract Formation; Offer and Acceptance

Ct1 - Contract Law: Introduction, (1) Contract Formation; Offer and Acceptance 

The Contract Law Syllabus is thorough. In this, our first contract law podcast, we're going to have a look at the syllabus, a quick overview of the Topics covered, the reading list, a brief analysis of some of the past papers and give some pointers to help you prepare well. We are going to start at the beginning with a in-depth examination of the very basics of Contract Formation: Offer and Acceptance.

Contents: 

1) CONTRACT FORMATION

  A. OFFER

• Defining an Offer
• Invitations to Treat
• Declarations of Intention
• Requests for Information
• Auctions
• Tenders
• Unilateral Offers

  B. Acceptance

• Defining Acceptance
• Counter Offer
• Formal Constructions
• Communication of Acceptance
• Postal Rule
• Exceptions to the Postal Rule
• Instantaneous Communication
• Knowledge of an Offer Prior to Acceptance

I hope you find this helpful. I accept no liability for any errors, omissions or inaccuracies in this or any of the podcasts on this blog. Any comments, thoughts, additions, complaints and corrections email me at preparingforkingsinns@gmail.com or leave a comment below.