Commercial Law is an OPEN BOOK Exam These notes are my own guide on answering every type of law question, with a step by step guide, structure, and relevant statute and case law. I took these sheets into the exam and was prepared for every question. TORTS • Intentional torts • Negligence • Elements of negligence • Defences to negligence • Nervous shock • Vicarious liability • Negligent misstatement • Impact of legislation (Trade Practices Act) ELEMENTS OF CONTRACT • What is a contract? • Intention for legal relations • Offer and acceptance • Consideration • Capacity • Consent: - Mistake - Misrepresentation (common law and Trade Practices Act) - Unconscionability - Undue influence - Duress - Legality CONTENTS OF THE CONTRACT • Terms • Conditions and warranties • Exclusion clauses • Implied terms • Statutory implied terms • Trade Practices Act (TPA) Part V Div 2 (Rights against sellers) • TPA Part V Div 2A (Rights against manufacturers) • TPA Part VA (Manufacturers liability for defective goods) • Fair Trading Act DISCHARGE OF CONTRACT • Performance • Breach • Frustration REMEDIES • Common law remedies • Equitable remedies


Semester 1, 2017

30 pages

8,452 words



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