LaTrobe

Semester 1, 2017


Contract Law A

40 pages

15,661 words

$34.00

1

Description

1. OFFER
What is a valid offer?
Termination of an offer
What is not an offer?
- Mere puff
- Supply of information
- Invitation to treat

Categorizing transactions
- Advertisements
a) Advertisements in a catalogue or a curricular
b) Advertisements in newspapers or magazines
c) Advertisements appearing on the internet
d) Display of goods
- Auctions
a) Advertisement of auction
b) Auctions with reserves
c) Auctions without a reserve
- Tendering
- Standing offers
¬ Options

2. ACCEPTANCE
Requirements of valid acceptance

Method of acceptance
a) Express or implied
b) Acceptance by silence
c) Acceptance by conduct
Instantaneous communication: Acceptance must be communicated

Postal acceptance rule

Contract formation: time and place


3. CONSIDERATION
Definitions
Nature of consideration
- Consideration in bilateral contracts
- Consideration in unilateral contracts
- Executed (done) and executory (hasn’t done) consideration

Rules governing consideration
- Consideration must move from the promisee
- Consideration must be bargained for
- Consideration must be sufficient
- Consideration must not be past
- Consideration must not be illusory

Performance of existing duties
a) Performance of existing contractual duties
b) Performance of a public duty
c) Where promise is made to a third party

Payment of a debt
a) Rule in Pinnel’s case
b) Circumstances in which the rule will not operate
• Parties enter into a deed
• Accommodation to benefit the creditor
• Amount owing is disputed
• Payment by a third party
• Composition with creditors

Forbearance to sue

Consideration and formal agreements
- Deeds

4. INTENTION TO CREATE LEGAL RELATIONS
5. ELEMENTS OF A VALID CONTRACT
• CERTAINTY
• WRITING REQUIREMENTS
• CAPACITY
6. ESTOPPEL
7. EXPRESS TERMS
8. IMPLIED TERMS
9. CONSTRUCTION OF CONTRACTUAL TERMS
Interpreting the meaning of terms
- General approach
- Admissible evidence
a) The parole evidence rule
b) Factual matrix

c) Exceptions to the parole evidence rule
¬ Ambiguity
¬ Identification of subject matter
¬ Identification of parties and their relationship
¬ Identification of the real consideration
¬ Custom or usage
¬ Rectification
- Inadmissible evidence
a) Subjective intention
b) Prior negotiation
c) Subsequent conduct

Exemption clauses
- Specific rules of construction
a) The contra proferentem rule
b) Attempts to exempt negligence
¬ The rules regarding attempts to exempt negligence
c) Deviation cases
d) The four corners rule

10. CONSTRUCTION OF EXCLUSION CLAUSES
11. DISCHARGE BY PERFORMANCE
- Time of performance
- Order of performance
¬ Cooperation
¬ Prevention of performance
- Level of performance
¬ Divisible contract
¬ Obstruction of performance
¬ Dem minimus non curat lex rule
¬ Substantial performance
¬ Acceptance of partial performance

12. DISCHARGE BY AGREEMENT
13. IPAC

- QUICK AND EASY TO FOLLOW, GREAT FOR EXAMS
- AUTHORITIES INCLUDED

Author

Charlotte

Campus

UOW, Wollongong

Member since

July 2016