Terms Cases

Question 1 of 1

Time Left

Match the case to its facts

Match the text (click and drag)

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Match the text
Shogun Finance v Hudson [2004]
ICS v West Bromwich Building Society [1997]
Cherry Tree Investments v Landmain [2013]
Tartsinis v Navona Management [2015]
L'Estrange v Graucob [1934]
Saunders v Anglia Building Society [1970]
Grogan v Robin Meredith Plant Hire [1996]
Parker v South Eastern Railway [1876]
Olley v Marlborough Court Hotel [1949]
Chapleton v Barry UDC [1940]
Thornton v Shoe Lane Parking [1971]
Interfoto Picture Library v Stiletto [1987]
O'Brien v MGN [2001]
McCutcheon v David Macbrayne [1964]
Hutton v Warren [1936]
The Moorcock [1889]
Att General of Belize v Belize Telecom Ltd [2009]
Liverpool CC v Irwin [1976]
Scally v Southern Health and Social Services [1992]
Crossley v Faithful & Gould Holdings Ltd [2004]

Click and drag
Too many people win newspaper prize giveaway
Director of firm suffered nervous breakdown and tendered resignation, so benefits stopped
Fraud sells car under hire purchase and finance company comes after purchaser
Man injured by hired deckchair
Large tower block kept in state of such disrepair rent strike called
Ship is damaged due to bottom of Thames river when mooring
Violinist injured by mechanical car park
Leasehold property sold and borrower objects to new owner registering
Passing on of shares when Belize privatised its telecoms
Farmer farms fields but tenancy is terminated prior to harvest
Document signed allowing mortgage on house due to deception
Dr not sufficiently informed of pension options by employer
Ferry sinks and customers car is lost
Employee in contract required to sign administrative document containing additional terms
Bag left in railway cloakroom is lost
Dispute over price in sale of shares
Lady staying in hotel has fur coat stolen
Investors receive negligent financial advice
Loaned transparencies kept for extended period of time and billed for
Cafe owner purchases cigarette machine which then breaks

Click and drag
Judges can imply terms in fact to make contract functional
Terms must be on document of contractual significance
Presumption contract is accurate, excepting errors of writing
Ratio- red hand rule, extra care must be taken
Focus on necessity should give way to reasonableness and policy
Term must occur before contract is concluded
Obiter - if clause is onerous, extra care must be taken to draw it to attention
Non est factum defence available for those unable to read or comprehend contract
Terms can be incorporated in reasonable care is taken to bring them to attention of other party
Terms can be incorporated through repeat course of dealing
Courts can imply terms in law only when necessary
Other evidence is not convincing to change a written contract
Clauses not unusual do not need to be brought to extra attention
Terms can be implied by custom
Courts must do bare minimum to make contract work
No subjective evidence allowed for corrective interpretation
Law can imply terms as necessary incidents of a relationship
Rectification possible only if parties can demonstrate continuing common interest not reflected in contract
Signature binds even if contract not read
Signature must be on contractual document to be binding

Terms Cases

Question 1 of 1

Time Left

Match the case to its facts

Match the text (click and drag)

(0/0)

Shogun Finance v Hudson [2004]

ICS v West Bromwich Building Society [1997]

Cherry Tree Investments v Landmain [2013]

Tartsinis v Navona Management [2015]

L'Estrange v Graucob [1934]

Saunders v Anglia Building Society [1970]

Grogan v Robin Meredith Plant Hire [1996]

Parker v South Eastern Railway [1876]

Olley v Marlborough Court Hotel [1949]

Chapleton v Barry UDC [1940]

Thornton v Shoe Lane Parking [1971]

Interfoto Picture Library v Stiletto [1987]

O'Brien v MGN [2001]

McCutcheon v David Macbrayne [1964]

Hutton v Warren [1936]

The Moorcock [1889]

Att General of Belize v Belize Telecom Ltd [2009]

Liverpool CC v Irwin [1976]

Scally v Southern Health and Social Services [1992]

Crossley v Faithful & Gould Holdings Ltd [2004]

Too many people win newspaper prize giveaway

Director of firm suffered nervous breakdown and tendered resignation, so benefits stopped

Fraud sells car under hire purchase and finance company comes after purchaser

Man injured by hired deckchair

Large tower block kept in state of such disrepair rent strike called

Ship is damaged due to bottom of Thames river when mooring

Violinist injured by mechanical car park

Leasehold property sold and borrower objects to new owner registering

Passing on of shares when Belize privatised its telecoms

Farmer farms fields but tenancy is terminated prior to harvest

Document signed allowing mortgage on house due to deception

Dr not sufficiently informed of pension options by employer

Ferry sinks and customers car is lost

Employee in contract required to sign administrative document containing additional terms

Bag left in railway cloakroom is lost

Dispute over price in sale of shares

Lady staying in hotel has fur coat stolen

Investors receive negligent financial advice

Loaned transparencies kept for extended period of time and billed for

Cafe owner purchases cigarette machine which then breaks

Match the case to the point of law established

Match the text (click and drag)

(0/0)

Shogun Finance v Hudson [2004]

ICS v West Bromwich

Cherry Tree Investments v Landmain [2013]

Tartsinis v Navona Management Ltd [2015]

L'Estrange v Graucob [1934]

Saunders v Anglia Building Society [1971]

Grogan v Robin Meredith Plant Hire [1996]

Parker v South Eastern Railway Co [1876]

Olley v Marlborough Court Hotel [1949]

Chapleton v Barry UDC [1940]

Thornton v Shoe Lane Parking [1971]

Interfoto v Stiletto [1981]

MGN v O'Brien [2001]

McCutcheon v David MacBrayne [1964]

Hutton v Warren [1936]

The Moorcock [1889]

Att General of Belize v Belize Telecoms Ltd [2009]

Liverpool CC v Irwin [1976]

Scally v Southern Health & Social Services Board [1992]

Crossley v Faithful & Gould Holdings Ltd [2004]

Judges can imply terms in fact to make contract functional

Terms must be on document of contractual significance

Presumption contract is accurate, excepting errors of writing

Ratio- red hand rule, extra care must be taken

Focus on necessity should give way to reasonableness and policy

Term must occur before contract is concluded

Obiter - if clause is onerous, extra care must be taken to draw it to attention

Non est factum defence available for those unable to read or comprehend contract

Terms can be incorporated in reasonable care is taken to bring them to attention of other party

Terms can be incorporated through repeat course of dealing

Courts can imply terms in law only when necessary