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Exam Review for Contract Law.docx

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Department
Philosophy
Course
Philosophy 2080
Professor
James Hildebrand
Semester
Fall

Description
December 12 7:00 PM HSB 236 Sample Exam Questions 1) Fried is Charles/Chuck- Answer is: C - We trust on promising - We invoke morality 2) Answer is: B - A and c mean the same thing - Actions of the individual person 3) Answer is: B - Unilateral contract - Communication goes one way and one way only 4) Answer is: C - Memory work - We only talked about the appeal 5) Answer is: D - A is incorrect because burned down the plaintiff*’s factory 6) Answer is: C - A means the thing speaks for itself (not contract law) - B - We never spoke about this - C- what exists on the world is more … 7) Answer is: D - Ridiculous arguments, but they were all made 8) Answer is: A - At trial - A - C is what the appeal court says - Need to know the difference between trial and appeal court 9) Answer is: D - Repudiated means withdraw- change mind and withdraw from deal - Court stated they did not administer a test 10) Answer is: C - Sometimes longer is correct, sometime it is not Exam - Dissent matters - When he teaches something, he tries to test the way he teaches it - Focus on things that are weird and interesting in his mind - Crazy case: Central London Properties Who won- both parties won (Lord Denning) o Plaintiff wanted to restore the rent for 94 year lease o Defendant wanted to keep the rent low, war is over, rent remains low for 5 years, and then restored - Do not always change answers - Do not be in a hurry - Be comfortable with the words - Cannot make it obvious Questions: - Photo-production case o Crucial concepts: fundamental breach (great idea, fixes a big problem in contract law because people trick people)  Courts have always been uncomfortable with exclusion  House of Lords came up with the fundamental breach which says if the breach is so severe that the other party gets something out of it, then the entire contract fails (regardless of exclusion clause)  BUT, this means exclusion clauses would never take effect, and parties have a responsibility to be careful but we can’t treat them like children  Primary obligation  Secondary obligation (if you don’t do the primary)  Fundamental breach- Succeeded at court of appeal  Trial judge disagreed- stuck to the contract - Bundee Case Levels o Trial  Did not have any option other than to do what he did o Appeal  Denning  There are cases where certain situations where there is undue influence (can’t say people are acting freely)  Dress  Pressure, undue influence  Consideration is woefully inadequate o Do not normally see this in contract law
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