Q.
Could you provide some short notes to be ready for exam?
A.
Go here for 'Summary of key Statutes'. See also 'Landmark Cases' here.
1. Contract - Cases
Elements of Contract - Carlil v Carbolic Smoke Ball Co. 1892
Counter Offer - Hyde v Wrench 1840
Bidding and Counter Offer - Telegraph - Stevenson v McLean 1880
Two parties - time limit - Normile v Miller 1985
Doctrine of frustration - Tylor v Caldwell 1863
2. Agent's responsibility - Cases
Breach of Duty - Bolton v Stone 1951 & Roe v Minister of Health 1954
Legal causation & remoteness - Palsgraf v Long Island Rail Road Co. 1928
Harm - Damage - Constantine v Imperial Hotels Ltd. 1944
3. Defense against breach of contract -
Force Majeure (can't help, its a calamity)
Quantum Meruit (both agreed to a settlement despite contract half done)
Doctrine of frustration
Promissory Estoppel & Equitable Estoppel
4. Negligence
Proximity to prove Duty of Care - 'Paisley Snail' - Donoghue v Stevenson 1932
2-Stage Test or Anns Test - Anns v Merton LBC (duty of care - overruled by Murphy v Brentwood)
3-Stage Test or Caparo Test - Caparo Industries v Dickman (Proximity, Foreseeable, Fair)
Foreseeability - Hedly Bryne v Helly
Reasonableness in Standard of Care - Blyth v Birmingham Waterworks
5. Law principles
Stare decisis
Ratio decidendi
Obiter dictum
6. Contract Act 1950 - Agency
S.135 An "agent' is a person employed to do any act for another or to represent another in dealings with third persons. The person for whom such act is done, or who is so represented, is called the "principal".
S.138 No consideration is necessary to create an agency. [It is not like contract.]
S.140 An authority is said to be express when given by words or written. It is 'implied' when it is to be inferred from the circumstances - as if silence is agreeing.
S.141 Extent of agent's authority
S.141(1) An agent having an authority to do an act has authority to do every lawful thing which is necessary in order to do the act.
S.141 (2) An agent having an authority to carry on a business has authority to do every lawful thing necessary for the purpose, or usually done in the course of conducting such business.
S.142 Agent's authority in an emergency - to protect his principal's interest.
S.143 When agent cannot delegate, however if nature of the business requires it to delegate, proper authorization is required.
S.144 Sub-agent is a person employed by and acting under the control of, the original agent in the business of agency.
S.145 (1) Representation of principal by sub-agent properly appointed, as if he were the agent originally appointed by the principal.
S.145(2) An agent is responsible to the principal for the acts of the sub-agent.
S.145(3) A sub-agent is responsible to the agent, but not to the principal, except in fraud or wilful wrong.
S.146 Agent's responsibility for sub-agent appointed without authority... is responsible for his acts both to the principal and the third person. However, the principal is not responsible for the sub-agent not duly authorized, unless there is tort.
S.147 Relation between principal and person duly appointed by agent to act - as if the sub-agent is no more sub-agent but an agent of the principal for such part of the business (may be only meeting up this hot client) of the agency as entrusted to him.
S.148 This sub-agent duly appointed is usually an expert or due to custom of the business nature, a suitable person to contact the third party, is duty bound to be responsible to the principal directly. Thus, the original agent is bound to exercise the same amount of discretion as a man of ordinary prudence would exercise in his own case, to select this sub-agent expert. The original agent is not responsible to the principal for the part that the sub-agent is now responsible for.
S.149 Ratification - right of person to acts done for him without his authority. He may elect to ratify or to disown the acts. If he ratify the acts, the same effects will follow as if they had been performed by his authority.
S.150 Ratification can be expressed or implied. Silence can mean agreeing.
S.153 Ratification of unauthorized act cannot injure third person. Cannot ratify a wrongful act. For example, my agent without my authority terminated my tenant agreement. I cannot ratify this as it caused my tenant to suffer a loss.
S.154 Termination of agency
S.155 Where the agent has himself an interest, you want the money, you sell my house! The agency cannot in the absence of an express contract, be terminated to the prejudice of such interest.
S.157 The principal cannot revoke the authority given to his agent after the authority has been partly exercised. Half way cooking, say I do not want to buy your food anymore!
S.168, Right of principal when agent deals, on his own account, in business of agency without principal's consent.
S.169 Principal's right to benefit gained by agent dealing on his own account in business of agency.
S.173 Agent not entitled to remuneration for business misconducted.