Contract law notes fully updated for recent exams at Oxford and Cambridge. These notes cover all the LLB contract law cases and so are perfect for anyone doing an LLB in the UK or a great supplement for those doing LLBs abroad, whether that be in Ireland, Hong Kong or Malaysia (University of London).
These were the best Contract Law notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LLB samples from outstanding law students with the highest...
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I.I – Common Mistake at Common Law 5
A – Leading Cases in Modern Law 5
Bell v Lever Bros [1932] AC 161 5
Great Peace Shipping Ltd v Tsavliris Salvage (International) Ltd [2002] 3 WLR 1617 5
a/ Risk allocation to either party 5
William Sindall v Cambridgeshire CC [1994] 1 WLR 1016, 1034, 1035, 1042 6
McRae v Commonwealth Disposals Commission (1951) 84 CLR 377 (HCA) 6
Associated Japanese Bank v Credit du Nord [1988] 3 All ER 902 6
NB Smith, “Contracts - Mistake, Frustration and Implied Terms”, (1994) 110 L.Q.R. 400 6
Associated Japanese Bank v Credit du Nord [1988] 3 All ER 902 6
McRae v Commonwealth Disposals Commission (1951) 84 CLR 377 (HCA) 6
4/ “Substance” of the contract/“fundamentality” 6
a/ Existence of subejct matter 7
Couturier v Hastie (1856) 5 HLC 672 7
b/ Mistake as to the seller’s title 7
c/ Essential quality of subject matter 7
C - Effect of Common Mistake 7
I.II – Common Mistake at Equity 7
Solle v Butcher [1950] 1 KB 671 8
B – Rejection of the jurisdiction 8
Great Peace Shipping Ltd v Tsavliris Salvage (International) Ltd 8
Hartog v Colin & Shields [1939] 3 All ER 566 8
Smith v Hughes (1871) LR 6 QB 597 8
Scriven v Hindley [1913] 3 KB 564 8
Raffles v Wichelhaus (1864) 2 H&C 906 8
1/ Objectivity (you can’t accept someone else’s offer) 9
Cundy v Lindsay (1878) 3 App Cas 459 9
Shogun Finance Ltd v Hudson [2003] UKHL 62, [2004] 1 AC 919 9
3/ Non-existence of the identity assumed 9
Phillips v Brooks [1919] 2 KB 243 10
Ingram v Little [1961] 1 QB 31 10
Lewis v Averay [1972] 1 QB 198 10
1/ Requirements as to the seriousness of the mistake 10
Saunders v Anglia Building Soc (sub nom Gallie v Lee) [1971] AC 1004 11
2/ Requirements as to the nature of the claimant 11
D/ Unilateral mistake at equity 11
Chartbrook Ltd v Persimmon Homes Ltd [2009] UKHL 38 11
Daventry District Council v Daventry & District Housing Ltd [2011] EWCA Civ 1153 11
I – Frustration and common mistake 12
*Krell v Henry [1903] 2 KB 740 12
II – Development of the doctrine 12
Paradine v Jane (1647) Aleyn 26, 82 ER 897 12
*Taylor v Caldwell (1863) 3 B & S 826 12
Jackson v Union Marine Insurance (1879) LR 10 CP 125 12
III – Frustrating circumstances 12
Metropolitan Water Bd v Dick Kerr [1918] AC 119 13
*Davis Contractors v Fareham UDC [1956] AC 696 13
2/ Parties should be allowed to know where they stand 13
3/ Performance in the new circumstances radically alters the original rights and obligations 14
*The Eugenia [1964] 2 QB 226 14
C/ Impossibility of purpose 14
Krell v Henry [1903] 2 KB 740 14
*Herne Bay Steamboat v Hutton [1903] 2 KB 683 14
*National Carriers v Panalpina [1981] 1 All ER 161 14
Amalgamated Investment v John Walker [1976] 3 All ER 509 14
IV – Defences to Frustration 15
A/ Express allocation of risk (force majeure and hardship clauses) 15
B/ Implied allocation of risk (foresight?) 15
C/ Self-induced frustration 15
Maritime National Fish v Ocean Trawlers [1935] AC 524 15
The Super Servant Two [1990] 1 Lloyd’s Rep 1 15
Fibrosa v Fairbairn [1943] AC 32 16
Appleby v Myers (1867) 3 B&S 826 16
Gamerco SA v ICM [1995] 1 WLR 1226 16
B.P. Exploration v Hunt (No. 2) [1982] 1 All ER 925 (Robert Goff J) 17
VI – Effect of Renegotiation 17
If the contract party’s assumption deviates from the state of things at the time of formation mistake
If the contract party’s assumption deviates from the state of things as they turn out to be due to a subsequent and unexpected change of circumstances frustration
Bell v Lever Bros [1932] AC 161
A common mistake does not lead to a void contract unless the mistake is fundamental to identity of the contract.
Facts: D paid 50,000 to terminate the employment of two employees as part of his corporate reorganization. Unknown to D, the employees had breached their contracts, entitling D to dismiss them without compensation. D sought the return of the 50,000 for fraud (failed) or common mistake. The jury found that D would never have paid if they had known the truth, and that the employees were also mistaken because they didn’t have the breach in mind.
Held (HL, by 3/2 majority): there is jurisdiction to void a contract for common mistake, but in this case the mistake was not sufficiently fundamental to void the contract.
Great Peace Shipping Ltd v Tsavliris Salvage (International) Ltd [2002] 3 WLR 1617
Sets out test for common mistake to void the contract.
Facts: T in the business of salvaging ships in difficulty, and when informed of a ship in trouble, hired a ship C that they thought was close by. However, this ship turned out not to be close by and when T found a closer ship, they terminated the contract with C. C sued for damages but T argued that the contract was void for mutual mistake.
Held (CoA): Mistake wasn’t sufficiently fundamental to void the contract....
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Contract law notes fully updated for recent exams at Oxford and Cambridge. These notes cover all the LLB contract law cases and so are perfect for anyone doing an LLB in the UK or a great supplement for those doing LLBs abroad, whether that be in Ireland, Hong Kong or Malaysia (University of London).
These were the best Contract Law notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LLB samples from outstanding law students with the highest...
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