Contract Law
| Front | Role of solicitor |
| Back | Should warn wife that husband’s involvement may be relied upon by the bank to counter allegations that she could not properly understand the transaction or had given her consent to it. If the wife then consents to advice being given, the core minimum the advice should contain is: (a) An explanation of the documents and their practical consequences, including the risk that the wife may lose her home. (b) The seriousness of the risk, including the duration and terms of the security and the wife's assets and means. (c) The fact that the wife has a choice. The solicitor should then obtain any necessary information from the lender/creditor. If the solicitor fails in his duty to the wife, then she will have an action in negligence against the solicitor, but she will have no recourse to the lender/creditor which is entitled to assume that the solicitor has properly advised the wife. |
| Front | General rule for existing obligations |
| Back | If party is already contractually bound to do something with Party A, agreeing again is not usually good considerationStilk v Myrick |
| Front | Contracts for the supply of services |
| Back | The SGSA 1982 provides for the following implied terms in any contract for the supply of a service: (a) Care and skill: where the supplier is acting in the course of a business there is an implied term that the supplier will carry out the service with a reasonable care and skill: s 13. Deemed to be an innominate term. (b) Time of performance: where the supplier is acting in the course of a business and the time for the service to be carried out is not fixed by the contract, left to be fixed in a manner agreed by the contract or determined by the course of dealing between the parties, there is an implied term that the supplier will carry out the service within a reasonable time: s 14. (c) Consideration: where the consideration for the service is not determined by the contract, left to be determined in a manner to be agreed by the contract or determined by the course of dealing between the parties, there is an implied term that the party contracting with the supplier will pay a reasonable charge: s15. What is a reasonable charge and a reasonable time is a question of fact and will depend on the particular circumstances. |