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Usage 3. to give business efficacy ● in law ● in fact ie looking at the surrounding facts, such terms as are so obvious that the parties did not bother to express them eg The Moorcock (contract for the harbouring of a ship – term implied that it must be a safe harbour) A further note re express terms Not everything expressed by the parties amounts to a term, some are merely representations. If a term is broken, the innocent party has an action for breach of contract. If a mere representation is broken, the innocent party has an action for misrepresentation, not for breach of contract.

C) Analyse the equitable remedies for breach of contract. d) Analyse the doctrine of privity. org 51 CHAPTER 4 – LAW OF CONTRACT: BREACH ANALYSIS OF PAST EXAM QUESTIONS Pilot D07 J08 D08 J09 D09 J10 D10 knowledge scenario CHAPTER CONTENT DIAGRAM Is there a breach of contract? What are the remedies of the injured party? Who can sue, and be sued, for breach? org CHAPTER 4 – LAW OF CONTRACT: BREACH CHAPTER 4 CONTENTS WHAT IS A BREACH OF CONTRACT? org 53 CHAPTER 4 – LAW OF CONTRACT: BREACH WHAT IS A BREACH OF CONTRACT?

On death most of the deceased’s rights and liabilities automatically pass to his PRs. Beswick v Beswick [1968] Peter Beswick (PB) sold his business to N. As part of the purchase price N agreed to pay an annuity to PB for his life and thereafter to his widow (MrsB) for her life. When PB died N refused to pay the annuity to MrsB. Held: (1) in her personal capacity she could not enforce the contract against N as she was not party to the contract; but (2) since she was PB’s executor she could enforce the contract in that capacity.

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