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57 Cards in this Set
- Front
- Back
Golden Rule
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Adler v George
- not in the vicinity, on the premises! |
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Mischief Rule
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Heydon's Case
Street Offences Act UK 1959 (Smith v Hughes) |
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Purposive Approach
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The Stock Route Case 1983
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Offer and Acceptance and Invitation to Treat
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Fisher v Bell (Flick knife case)
Pharmaceutical Board of GB v Boots Cash Chemists (1953) |
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Offers to the world at large
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Carlill v Carbolic Smoke Ball Company
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Intention: Honour Clauses
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Rose & Frank Co v Crompton and Bros
A business arrangement between an american and british firms contained an honour clause reneging their legal intention |
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Past Consideration
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Roscola v Thomas (1842) (bad horse)
Anderson v Glass (1869) (employee promises bonus) |
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Part Performance: Contract Discharge of an Existing Duty
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Pinnel's Case- a part payment of a debt can not extinguish the obligation to pay the whole debt.
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Promissory Estoppell
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Central London Property Trust v High Trees House Ltd
High trees rents block of flats. Because of war, both parties agree to drop rent. When full again, CLPT sues for rent gap. Found eligible for rent gap, but not if they had asked for back payment. |
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Capacity: Minors
Contracts of Necessities |
Bojczuk v Gregorcewicz
Mercantile Group v Ball G borrowed money from B even though had a job to go to Australia, didn't pay back. Didn't have to as couldn't be made to pay as wasn't a necessity. |
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Capacity Minors
Beneficial Contracts of Services |
Hamilton v Lethbridge 1912- Lethbridge law clerk bound by clause that he could not work within employers radius
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Capacity Minors
Beneficial Contracts of Service |
Mercantile v Ball
Ball enters agreement for Truck as a minor and gets sued for final payments. |
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Mentally Unsound or Intoxicated
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Blomley v Ryan
Blomley enters into contract to buy farm from Ryan (alcoholic) and he should have known |
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Common Mistake
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McRae v Commonwealth Disposals
Where is that tanker again? |
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Mutual Mistake
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Raffles v Wichelhaus
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Bilateral Mistake over identity good guy wins
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Ingram v Little
Cundy v Lindsay Blenkarn fakes hankerchiefs out of Lindsay, onsells to Cundy. Divisional court ruled Lindsay couldn't recover goods, House of Lords overturned and said they could as there was not passing of title |
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Bilateral Mistake over identity bad guy wins
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Lewis v Avery
Lewis sells car to guy posing as an actor who then onsells to Avery. Lewis sues Avery. Loses Phillips v Brooks North gets jewellery from Phillips, says he is someone else. Sells to Brooks. Found that jeweler sold to guy in the shop. |
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Bilateral Mistake over a Term
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Taylor v Johnson
Land deal declined by Taylor as though it was 15K an acre instead of total. |
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Unconscionable Conduct
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A Schroeder Music Publishing v Macaulay
Composer has no rights even when works out of contract |
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Unconscionable Conduct
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ACCC v Lux Co.
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Terms v Representation
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Bentley Productions v Harold Smith
Smith sells a car with representation it had only done 20K, had done 100K. Ks found as a term |
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Condition v Warranty- 3 cases please!
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Tramways Advertising v Luna Park
Did not get 8 hours as stipulated in condition of contract |
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Condition v Warranties
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Madam Poussard v Spiers
Poussard misses first 5 nights shows due to sickness, let off. Unsucessfully sues for breach of contract. Missing opening night considered breach of condition |
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Condition v Warranties
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Hong Kong Fir Shipping v Kawasaki Kisen Kaisha
Ship out of action for 15 weeks in 2 year period not deemed substantial and therefore not breach condition |
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Contract of Goods v Contract of Services
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Robinson v Graves
Graves hires Robinson to paint portrait, but repudiates before completion. Robinson successfully sues for payment as contract was for service not goods. |
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Transfer of Property Risk
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Wardar's v Norwood
Risk and ownership of of frozen kidneys passed to carrier when docket presented for collection |
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Guarantee on Goods: Right To Sell
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Ashington Piggeries Case
OK to sell contaminated pig food as it was "FOOD" |
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Unconscionable conduct
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ACCC v Lux Pty Ltd
Door to door salesman sells vacuum cleaner to illiterate lady |
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Guarantee on Goods: Fit of Purpose
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Grant v Australian Knitting Mills
Woolen underwear caused rashes. Not fit for purpose, shop should have known |
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Misleading or Deceiving Conduct
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Taco Bell Case
Taco Bell Casa's and Taco Bell take action against each other, found for TBC as had been here for 5 years, were not trying to deceive. |
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Misleading or Deceiving Conduct
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ACCC v Target Australia
Target advertised 'all items on sale' with small disclaimer excluding some items |
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Misleading or Deceiving Conduct
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Nationwide News v ACCC
Telstra advertises free phones with $0 upfront in small print |
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Passing Off
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Koala Dundee v Hogan
Pacific Dunlop v Hogan INXS v South Sea Bubble Cadbury Schweppes v Pub Squash Duff Beer Case |
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Comparative Advertising
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Energizer Australia v Remmington Products Australia
Remmington compare their product to Energizer |
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Bait Advertising
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ACCC v Harvey Norman
Harvey Norman admittedly had small quantity of item on sale advertised that couldn't supply |
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Substantial Copyright
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Milpurrurru & Ors v Indofurn
Major part of portrait reproduced onto fabric in Indonesia |
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Product Liabiltiy
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Glendale Chemicals v ACCC
Failed to show adequate warnings about product burning people |
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Misrepresentation For Advertising as Accessories
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ACCC v Nissan Motor Cars
Nissan advertised wrong picture in advert |
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Misrepresentation for Advertising as Principals
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Cassidy v Saatchi & Saatchi
Saatchi and Saatchi not found guilty purely for being advertising company making advertising that happened to be misleading |
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Misuse of Market Power
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Melway Publishing v Robert Hicks
Melway wouldn't sell to rival distributor but wasn't misuse of power as they had they had their own distributorship |
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Exclusive Dealing
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TPC v Legion Cabs
Taxi co-op tried to exclude members from having radios unless they bought certain petrol |
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Vicarious liability of employers
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Kordos v Plumrose
Employer liable for failing to stop discrimination towards another employee |
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Employee or contractor?
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Hollis v Crisis couriers Case
Couriers were employees as they lacked control over their work and appeared to represent the company |
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Referral selling s57
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ACCC v Giraffe World Australia
Seller of a magic mat that emitted 'ions' was found to be pyramid selling |
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Accepting payment without intent to supply
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Dawson v World Travel
Took deposits for outdated tour |
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Undue harassment at place of residence
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ACCC v McCaskey (2000)
Perth debt collector swore and threatened arrest over phone |
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Sale of goods: Acceptable quality
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David Jones v Willis
Lady buys shoes and breaks leg |
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Agency
Implied Authority |
The Snowy Mountains Hydro Case
An agent for an overseas company had implied authority to bank cheques payable to the company into its bank account |
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Agency
Apparent Authority |
Panorama Developments v Fidelis
A senior exec had apparent authority to make his employer liable for contracts he made without actual authority. |
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Agency
Another Apparent Authority |
Tooth v Laws
Laws sells the pub, doesn't tell anyone he has |
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Ratification
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Bolton v Lambert
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Agency by Operation of Law
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Great Northern v Swaffield
Fat controller acted as an agent of necessity looking after a forgotten horse in a storm |
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Privity of Contract
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Dunlop Tyre case
Contract between Dunlop and its agent meant it could not be sued by another company |
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Mistake as to nature of document
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Petelin v Cullen
Cullen tries to buy land of Petelin, italian who speaks little english. Petelin thinks he is getting paid 2 installments and was mistake as to nature of the document |
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Unfair dismissal
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Maggs v Victorian Arts Centre Trust
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Frustration
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Taylor v Cadwell
Hall burnt down before concert |
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Intention
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Wakeling v Ripley
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