Contract Law: Liability and Crane Hire Agreements

It must be uniform, reasonable, and have quite as much certainty as the written document itself.

When there is fraud, duress, or undue influence.

Ambiguity can be resolved by considering the surrounding circumstances, including the subject-matter, consideration, and identity of the parties.

<p>The two types of exemption clauses are exclusion clauses, which exclude liability altogether, and limitation clauses, which limit the extent of liability.</p> Signup and view all the answers

<p>The basis of liability is breach of contract, and there are two types of liability: liability for breach of contract and liability independently of the contract, such as negligence.</p> Signup and view all the answers

<p>To ensure that only parties to a contract can acquire rights and incur liabilities</p> Signup and view all the answers

<p>It established that Exemption clauses construing of EC cannot defeat the main purpose of the contract</p> Signup and view all the answers

<p>Custom or trade usage</p> Signup and view all the answers

<p>A person cannot acquire rights or incur liabilities</p> Signup and view all the answers

<p>Construing of Exemption clauses</p> Signup and view all the answers

<p>To limit liability</p> Signup and view all the answers

<p>It is a 'take it or leave it' agreement with no freedom to negotiate</p> Signup and view all the answers

<p>Perishable goods</p> Signup and view all the answers

<p>To exclude or limit liability for certain events or damages</p> Signup and view all the answers

<p>A parking lot noting that vehicles are parked at the owner's risk</p> Signup and view all the answers

<p>Consensus ad idem refers to the Latin legal maxim meaning 'meeting of the minds', emphasizing the importance of mutual understanding and agreement between parties in a contract.</p> Signup and view all the answers

<p>The three national languages of Papua New Guinea (English, Pidgin, and Motu) illustrate the concept of agreement by showing how different languages can convey the same idea of agreement, highlighting the importance of mutual understanding in contract law.</p> Signup and view all the answers

<p>The moral basis for contract law, according to the Judeo-Christian perspective, is rooted in the idea of 'do unto others what you would have them do unto you' (Mark 10:9), which emphasizes the importance of reciprocity and respect in contractual relationships, reflecting the concept of law as a means of sustaining and ensuring survival.</p> Signup and view all the answers

<p>In contract law, the concept of 'persons' refers to human beings, excluding non-human species, and is essential in determining the capacity to enter into contractual agreements.</p> Signup and view all the answers

<p>The concept of 'two or more parties' in contract law emphasizes that contractual agreements require multiple parties, which confers rights and imposes obligations that the legal system will enforce.</p> Signup and view all the answers

<p>The intention to create legal relations is a crucial element in a contract, as it distinguishes a contract from a domestic or social agreement. In a contract, the parties intend to create legal obligations, whereas in a domestic or social agreement, there is no intention to create legal relations.</p> Signup and view all the answers

<p>Consideration is the benefit or value that one party receives in exchange for their promise or performance. It is essential in a contract as it ensures that both parties receive a mutual benefit, making the contract enforceable.</p> Signup and view all the answers

<p>Extrinsic evidence can be used to interpret a written contract when the terms of the contract are ambiguous or unclear. However, this approach is limited by the parol evidence rule, which prevents the introduction of extrinsic evidence to contradict or vary the terms of a written contract.</p> Signup and view all the answers

<p>The legality of the object of a contract refers to the requirement that the contract's purpose or objective must be lawful and not contrary to public policy. This is essential, as a contract that violates public policy is unenforceable.</p> Signup and view all the answers

<p>Formalities refer to the requirements that must be met for a contract to be enforceable, such as written form or signature. These formalities ensure that the contract is valid and binding, and failure to comply with them may render the contract unenforceable.</p> Signup and view all the answers

<p>The significance of the Dickenson v Dodds (1867) case is that it established that an offer can be terminated before acceptance, and that the death of the offeror can also terminate the offer.</p> Signup and view all the answers

<p>The court determines the intention of the parties in implying a term into a contract by considering factors such as previous conduct, custom or trade usage, and the presumed intention of the parties.</p> Signup and view all the answers

<p>Custom or trade usage can imply terms into a contract if it is notorious, certain, reasonable, and not contrary to an express term.</p> Signup and view all the answers

<p>The principle behind implying a term into a contract on the basis of 'business efficacy' is that the term is necessary to give business efficacy to the contract, and it is so obvious that it 'goes without saying'.</p> Signup and view all the answers

<p>The significance of the Yarlett v New Guinea Motors Pty Ltd (1985) case is that it established that a term can be implied into a contract if it is necessary to give business efficacy to the contract, and it is so obvious that it 'goes without saying'.</p> Signup and view all the answers

<p>The case shows that an advertisement can be considered an offer, and a person who purchases the product in response to the advertisement can be considered to have accepted the offer, even without direct communication with the advertiser.</p> Signup and view all the answers

<p>An invitation to treat is an expression of a willingness to negotiate, whereas an offer is a definite promise to be bound by the terms of the contract.</p> Signup and view all the answers

<p>Extrinsic evidence can be used to interpret a written contract when there is ambiguity in the contract or when the contract is incomplete.</p> Signup and view all the answers

<p>The case established that a shopper's offer to buy is not an acceptance, but rather an offer that the store owner can accept or reject.</p> Signup and view all the answers

<p>The case shows that a display of goods in a store is an invitation to treat, and the customer's offer to buy is accepted by the store owner when they accept payment.</p> Signup and view all the answers

<p>Custom or trade usage can be used to interpret a written contract, even if it contradicts the express terms of the contract.</p> Signup and view all the answers

<p>The main exception to the parole evidence rule is where there is ambiguity in the written contract or where the contract is incomplete.</p> Signup and view all the answers

<p>In contract disputes, liability typically falls on the party who has breached the contract, and the injured party can claim damages.</p> Signup and view all the answers

<p>The case established that the display of goods in a store is an invitation to treat, and the customer's offer to buy is accepted by the store owner when they accept payment.</p> Signup and view all the answers

<p>A unilateral contract is where one party makes a promise in exchange for an act, whereas a bilateral contract is where both parties exchange promises.</p> Signup and view all the answers