Name the case
This case established the Postal Rule
What is Adams v Lindsell
The year of the Charter of Fundamental Rights and Freedoms Act.
What is 2011
It is the third essential element of contract formation. However, it is only required to form a simple contract
What is consideration
What is the name of the highest court in Jamaica?
The Court of Appeal
This person can terminate an offer by declining the offer.
Who is the offeree
In this case the claimant(A) Promised to take defendant (B)'s house on lease for a period of three years provided, it is thoroughly repaired, and the drawing rooms are decorated according to the present style. The court held the contract to be not enforceable, since the terms one too vague and uncertain.
What is Taylor v. Portingtion
These terms are deemed to be part of the contract or are deemed to apply to the contract even though the parties have not consciously included them. These terms may be implied by Statute, Custom or the Courts
What are Implied Terms
If John beats Bill for stealing his mangoes off a tree in his yard, the category of Law this scenario falls under
What is a Criminal offence
The two groups that are mentioned under capacity to contract.
Who are minors and mentally ill
This party to a case is innocent until proven guilty
The defendant, offered to sell the farm he owned to the complainant for £1,200, but this was declined. The defendant decided to write to the complainant with another offer for £1,000. In response, the offeree offered £950 for the farm in his letter, then he agreed to buy the farm for £1,000, which was the sum that had previously been offered. However, it was refused
What is Hyde v Wrench
A term in a contract that is not fundamental to the contract and not essential to the overall agreement. If one party is in breach, the overall purpose of the contract is not destroyed, and the injured party does not have the right to terminate the agreement.
What is a Warranty
The name of the compensation given in Civil Cases
What are damages
The Monetary limit of the Parish Court in Civil Cases
What is up to JMD$1.5 Million
The person in a Civil Case that sues for damages.
Who is the claimant
The defendant shopkeeper displayed in his shop window a flick knife accompanied by a price ticket displayed just behind it. He was charged with offering for sale a weapon. The court held that the display of the knife was not an offer of sale but merely an invitation to treat.
What is Fisher v Bell
With this element of a valid contract the court presumes that parties in a social or domestic setting are not contracting and business partners are contracting
What is the Intention to create legal relations
These are the expressed foundations of a contract that if broken renders a contract void.
What are conditions of a contract
The head of the Executive Branch of Government
Who is the Prime Minister of Jamaica
These persons preside over the Parish Court
Who are Resident Magistrates
A husband worked overseas and agreed to send maintenance payments to his wife. At the time of the agreement the couple were happily married. The relationship later soured, and the husband stopped making the payments. The wife sought to enforce the agreement. It was held The agreement was a purely social and domestic agreement and therefore it was presumed that the parties did not intend to be legally bound
What is Balfour v Balfour
This may become a term of a contract by signature, notice or previous course dealings
What is an Exemption Clause
Is a clause in a contract that tries to exempt or limit the liability of a party who is in breach of contract.
What is an Exclusion / Exemption Clause
The four main sources of Law in Jamaica
What are The Constitution, Legislation, Judicial Precedent, Common Law and Equity
Two or more of these persons preside over cases in the lowest level court in Jamaica
Who are Justices of the Peace in the Lay Magistrate court
Nephew discussed buying a horse from his uncle. He said to his uncle "if I don’t hear from you by the weekend, I will consider him mine. The horse was sold by mistake at an auction. The auctioneer forgot to not sell the horse. The uncle sues the auctioneer. It was held that an offer is accepted as soon as the letter to accept has been posted
What is Felthouse v Bindley
This principle means that the parties entering into the contract must mean the same thing in the same sense. The parties to the contract must have the same understanding in regard to the subject matter of the contract
What is “Consensus-ad-idem"
In this type of communication The offeror can stipulate in the terms of the offer the method the acceptance should be communicated and can also indicate a time limit for acceptances to be received. The acceptance can be deemed invalid if communicated in a different way than stipulated
What is Instantaneous Communication
Who is stated as the head of Jamaica's government system?
What is the Monarch.
Written in criminal case citations as the party that is bringing a case against the defendant.
Who is Regina
An opera singer was contracted for a season including attendance at rehearsals for six days prior to the opening. The singer did not attend the rehearsals for the first three days due to illness. The promoter treated the contract as discharged. The court held, however, that the rehearsal clause was a warranty. The opera singer was in breach of a warranty.
What is BETTINI V GYE
For this to be effective, it must satisfy the following three criteria, it must be incorporated within the contract terms, It must be clear, unambiguous and reasonable and It must not be going against any by statute
What is the Exclusion / Exemption Clause
Suppose that two parties X and Y are negotiating the terms of a contract, and Z is standing nearby listening to them. Z then interrupts the negotiations of X and Y to suggest that a particular term should be added to the contract. X and Y might then turn to Z and tell him that this term was understood and accepted by them, even though they had not discussed it. This is an example of
What are Implied Terms
Each parish court has jurisdiction of this amount outside their parish boundaries
What is 1 mile beyond its border
The person who files criminal charges against another person is know as
Who is the complainant