ACTG 2P40 Lecture Notes - Lecture 6: Estoppel, Contributory Negligence, False Imprisonment
7 Nov 2015
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Actg 2p40: mistakes arising from assumptions, mistakes as to the existence of subject-matter, rescission put the parties back where they were, mistakes as to the value or quality of the subject-matter. A can"t give the car to c: voidable contracts and the protection of innocent third parties, bonafide purchaser for value without notice. If c established that she had no notice of the cheque bounce, c gets to keep the car. Actg 2p40: mistakes in performance, where one party over performs a contract. If you over perform you may or may not get paid. ***unjust enrichment where one party has gain, and the other party has loss for no juristic reason. Know the definitions as this contains the elements of the tort. Negligence: three elements, duty of care, standard of care, causation, defences, volenti, contributory negligence, remoteness. Special torts: manufacturers liability, reasonably free of defect, duty to warn. Know the rules that apply for each.
