Obligations H1 checklist + template + case notes + essay notes

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Contents I. STEP 1: Did the parties reach an agreement? 1 A. Is the conventional offer-acceptance approach applicable to the present case? 1 B. Was there a contractual offer capable to be accepted? 2 C. Has the offer been accepted? 4 D. Had the offer been revoked before it was accepted? 6 II. STEP 2: Did each party provide consideration? 6 A. Identify a benefit/detriment 6 B. The ‘bargain’ requirement: Whether the benefit/detriment was offered as part of an exchange? Was there a quid pro quo relationship? 7 C. If the contract was not made by a deed, was there sufficient consideration? 8 D. Was there adequate consideration? 10 III. STEP 3: Was the agreement complete and certain? 11 A. Are there omitted terms which are necessary for its operation? 12 B. Was there an agreement to agree? 13 C. Was there an agreement to negotiate? 14 D. Was there unclear language? 15 E. Was there an illusory promise? 16 IV. Step 4: Was there an intention to enter a legally binding contract? 16 A. Was there an expressed intention to exclude the terms (honour clause)? 16 B. What’s the context where the dispute raised? 17 V. Step 5: Does the agreement meet the requirement of formalities? 19 A. Is the contract related to the sale or other disposition of an interest in land? 19 B. Was the contract recorded in writing and signed by the person to be charged or by a person lawfully authorised in writing by that person to sign? 19 C. Whether there was a memorandum or note of the agreement signed by the person or a authorised person? 20 VI. Step 6: Is there any issue raised on the capacities of the parties to the contract? 21 VII. Step 7： Is A/B a party to the contract? (Privity) 21 VIII. Elements of estoppel 24 A. Step 1: Why there is not an enforceable contract? 24 B. Step 2: Identify what type of estoppel may be established? 24 C. Step 3: Identify the elements of estoppel 25 1 Induced assumptions 26 2 Detrimental reliance 27 IX. Restitution 30 A. Step 1: Is there a contract? If not, 30 1 Potential claim in restitution – money had and received 31 2 Potential claim in restitution – quantum meruit 33 B. Step 2: What’s the remedy? 37 C. Step 3: is there a defence? 37 1 Was the transaction illegal (both MMAR and QM claims) 37 2 Good consideration 38 3 Change of position 39