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LPC Law Notes International Commercial Law Notes

Breach Of Contract Exclusion Of Liability I Notes

Updated Breach Of Contract Exclusion Of Liability I Notes

International Commercial Law Notes

International Commercial Law

Approximately 179 pages

A collection of the best notes for new University of Law module 'International Commercial Law' the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LPC samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".

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The following is a more accessible plain text extract of the PDF sample above, taken from our International Commercial Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

(1): Claimant’s cause of action

Step 1 Relevant Terms in the Contract

Say there is a contract between S & B to____. Include all info relating to performance of the contract. (Mind ST&C being exchanged as this will change offer and acceptance order.)

  • Express:

  • Implied:

s. 10 Time is not of the essence (Unless delivery date expressly stated (Hartley v Hymans))

s.12 to pass good title

s.13 description

s.14(2) Satisfactory quality

s.29 S to deliver the goods

s.27 B to accept Delivery & Pay

s.30 Delivery of wrong quantity

s.14(3) Fitness for purpose

s.15 Sample

Step 2 ¿Are the terms incorporated? Either by:

  • Signature

  • Notice

  • Previous Course of dealings

Step 3 Identify the Breach of Contract + Remedy

Say which relevant terms of the contract and how they have been breached and remedy:

  • Breach of Condition: Repudiate Cont + Recover Price + Damages (Hadley v Baxendale)

  • Breach of Warranty : Damages but NO right to repudiate Contract

  • ¿What does the Client actually want?

Breach - Damages may be awarded + interests under: Law Reform Act + Late Payment of Commercial Debts Act + Late Payment of Commercial Debts Regulations. (S wants own i rate to avoid having to rely on these)(incentivise B to pay quickly by giving an early payment discount)

  • If breach of an express term, say that it goes to the heart of the contract, so will be a condition. Therefore, can (e.g. reject the goods) terminate the contract and seek damages.

(2): Defence ¿Has liability been excluded?

Step 4 Slight Breach + Acceptance:

  • s.15A = B’s right to reject is lost where the sale is not a consumer sale and the breach is so light that it would be unreasonable for B to reject the goods. Applies only to ss.13, 14 & 15, NOT to a stipulation concerning time of delivery. If a slight breach occurs it renders the term a warranty rather than a condition (nor right to reject/terminate). Apply to facts

  • s.35 = B’s lost of right to reject when B: tells S it has accepted the goods, or does something inconsistent with S’s ownership after the goods have been delivered to it.

  • s.35(4) = B losses right to reject it retains the goods beyond reasonable period under s.34(B’s right to inspect the goods)

Step 5 ¿Is the Exclusion Clause incorporated into the Contract? Either by:

  • Signature

  • Notice

  • Previous Course of dealings

NB. Look out whose ST&Cs apply. In the battle of the forms “The last shot wins”.

Step 5 Construction:

¿Does...

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