Assignment Review. b Common errors: misreading of facts: the programme is not ‘infected’ with any virusmisreading of facts: the programme is not ‘infected’ with any virus old sections of SOGAold sections of SOGA contract is totally executory (acceptable)contract is totally executory (acceptable) frustrationfrustration no reasons given for assumptions made (see question).no reasons given for assumptions made (see question).

Assignment review: b Main issues: (a) b who are the parties? (minor) b Are the retailers entitled to terminate the contract? What are the terms (express and implied) breached by Software (if any)? (refer to contract)What are the terms (express and implied) breached by Software (if any)? (refer to contract) Impact of such a breach - condition / warranty etcImpact of such a breach - condition / warranty etc Applicability of SOGA:Applicability of SOGA: –software = goods? –Breach of section 14(2) satisfactory quality? –Effect of such a breach and s15A

(a) cont’d Effect of any terms in the contractual documents (eg exemption clauses; termination clause)Effect of any terms in the contractual documents (eg exemption clauses; termination clause) b If retailers are not entitled to terminate, are they then in anticipatory breach? Effect and rights of softwareEffect and rights of software b Either way, question of remedy; damages/action for price mitigation etc.

(b) b Impact on obligations that one is willing to undertake: nature of contracts - intention of partiesnature of contracts - intention of parties terms / parol evidence ruleterms / parol evidence rule b Validity misrep; mistake; duress; undue influence etcmisrep; mistake; duress; undue influence etc b Potential liability rule in Hadley and Baxendalerule in Hadley and Baxendale

Examinations b 3 compulsory questions (40%; 30%; 30%) - open book b 3 hour paper time is of the essencetime is of the essence b M1 Coverage: b Principles rather than nitty gritty details. b Best wishes!