UWA

Semester 1, 2014


Contract Law

36 pages

11,387 words

$44.00

2

Description

4103 Contract Law

Includes case notes, step by steps and authorities.

Identifying the Parties and Privity of Contract 3
The Privity Rule 3
Exceptions to Privity Rule 3
Avoidance of Privity Rule 3
Incorporation of Express Terms of the Contract 4
Identifying Contractual Terms 4
Parol Evidence Rule 5
Signed Documents 6
1. By Signature 6
Unsigned Documents 6
2. By Notice or Ticket 6
3. Incorporation by a course of dealing 6
Steps 7
Contracts Wholly In Writing and The Parol Evidence Rule 7
Exception to Rule 7
Statutory Consumer Protection and Exclusion Clauses 8
Construction of the Express Terms of the Contract 8
Construction of Exclusion Clauses 9
1. Contra Proferentem Rule 9
2. Fundamental Breach Rule 9
3. Four Corners Rule 9
4. Main Purpose Rule 10
5. Deviation Rule 10
Steps 10
Implied Terms 11
1. Terms Implied In Fact 11
2. Terms Implied By Law 11
3. Terms Implied By Custom 12
4. Implied Duties Of Good Faith In Australia 12
5. Terms Implied By Statute And Consumer Guarantees 12
Discharge of Contract 13
1. Discharge By Agreement 13
Contingent Terms 14
2. Discharge By Performance 15
Doctrine of Substantial Performance 16
3. Discharge For Breach And Repudiation 16
Condition or Essential Term 17
Non- Essential Terms 17
Termination for Repudiation 18
1. Express Refusal to Perform 18
2. Implied Refusal to Perform 19
3. Unreasonable Delay 19
4. Wrongful Termination 19
5. Inability to Perform 20
4. The Election To Terminate Or Affirm And Remedial Consequences 21
Wrongful Termination 22
Election to Affirm 22
Claims On The Contract And In Unjust Enrichment 23
Recovery Of Sums Fixed By The Contract 23
Claims In Unjust Enrichment 24
1. Recovery of Money Paid for Total Failure of Consideration 24
2. Recovery of Fair Remuneration and Fair Value (Quantum Meruit) 25
Unforeseen Supervening Events 27
Frustration 27
Vitiating Factors 31
Misrepresentation At Law And In Equity 31
Rescission And Bars To Rescission 32
The Action For Misleading Or Deceptive Conduct 33

Author

MJ

Campus

UWA, Crawley

Member since

July 2014