Contract Law Basics
Consideration
• Promises – the law does not enforce promises per se.
o Promises of gifts are not enforceable.
o The law considers the spirit of altruism rare.
• What criteria should we use to categorize the subset of promises that attract legal enforceability?
o What would be a sensible way to do this?
o The promises which the law should […]
Law of Contract
Exception Clauses p. 838
• Warranty, in its technical meaning, is a sub-contract
• It has a technical meaning
o Close reading; strict construction
• Wallis v. Pratt – “warranty” did not apply to exclude the implied statutory “condition” of the Sale of Goods Act that products must correspond to their description.
o ¶5 - exclusion of “any warranty of […]
Tags
acceptance agreement Agreements assignment basis benefit breach Canada clause communication consideration construction context contract court Damages defendant Denning detriment doctrine evidence example expectation jurisprudence landlord liability Lord Denning mechanism negligence offer offeree offerer party performance person plaintiff promise Promisee promiser property question situation Statute system Warranty-
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