Scots Law of Obligations- Cases Quiz

If a penalty clause is massively out of proportion to what would hypothetically be awarded as damages = unenforceable

Dunlop v Higgins : Postal Acceptance Rule- Acceptance is deemed effective the moment the letter reaches the recipient

NG: Which cases confirmed the dominus negoti must be incapacitated from interfering themselves?

A party seeking a remedy has to demonstrate they are not in breach of obligations (clean hands)

Restitutio in integrum must be possible for a contract to be voidable

Privity of contract: A contract is generally exclusive to the parties who make it (Osborne v BBC), T or F?

M'Whirter v Longmuir: condition to be implied if it the nature is necessary to give the contract business efficacy

Cases you can reference for supervening illegality

Custom: a term so well known...that it was nothing but a waste of time and writing to introduce it to the contract

Cases you can reference for unjustified enrichment

Was McCutcheon bound by a clause bcos of a previous course of dealing even when he didn't have knowledge of the term?

Flynn v Scott- Misrepresentation: a mere expression of opinion is sufficient

Earl of Orkney v Vinfra: Force and Fear: Void (T) or Voidable (F)?

Intention- Social arrangements- Presumption parties do not intend to enter into legally binding obligations

Cases you can reference for supervening impossibility (or "utterly impracticable")

Facility & Circumvention: needs weakening, taking advantage and loss

Which case confirmed the law was "substantially the same" in terms of frustration in England and Scotland?

Signing won't always incorporate terms if they are so onerous that they should've been brought to the party's attention

Capacity- “a lesser degree of drunkenness, which only darkens reason, has not the effect of annulling the contract.”

An offer, once made, can be revoked at any time before the offerees acceptance is communicated to the offeror

Silence/inaction will not usually be deemed to be acceptance (of an offer)

Consensus: If there is no consensus in idem, there is no contract.

DEFINITION OF PROMISE - a legal bond, unilateral undertaking that does not need acceptance

JR (Damages): Which case judged a pursuer can generally only claim monetary damages, not damages for "hurt feelings"?

Judicial Remedies (Sp. I.) : Which cases discussed a 'keep open' clause?