LAWS1075 CONTRACTS READING NOTES

Description

LAWS1075 CONTRACTS READING NOTES CONTENTS Identifying the express terms 4 Parties bound to a signature 4 Signature may be voided 4 From Notice 4 Unusual terms 5 From Course of Dealings 5 Parole Evidence Rule 5 Exceptions to the parol evidence rule 6 when is a statement a term of the contract 6 Construing the express terms 7 The use of Extrinsic Evidence 7 The process of construction 7 Exclusion Clauses 7 Implied terms 8 Terms implied in fact 8 Terms implied in law 8 Terms implied by custom 8 Terms implied in statute 9 Australian Consumer Law 9 Unfair Contract Terms 9 Consumer Guarantees 11 Frustration 24 Destruction of subject matter 24 Disappearance on the basis of the contract 24 Limitations on the doctrine of frustration 24 Consequences of frustration 25 Termination By Agreement 25 Termination under original contract 25 Termination by subsequent agreement 25 Termination by abandonment 26 Termination by failure of a contingent condition 26 Non-fulfillment 27 Consequences of non-fulfillment 27 Waiver of a contingent condition 27 Restrictions 27 Termination for breach 27 Breach of a Condition 27 Breach of an intermediate term 28 Termination for Repudiation 28 Termination for Delay 29 Notice 29 Consequences of Affirmation 29 Consequences of termination 30 Restrictions on Termination 30 Readiness and willingness 30 Election 30 Estoppel and Waiver 30 Relief against forfeiture 31 The measures of damage for breach of contract 31 Expectation damages 31 Damages for Loss of a Chance 31 Reliance DAmges 32 Gains Based Damages 32 Date of Assessment 32 Limitations on the award of damages 32 Causation 32 Remoteness of damage 32 Mitigation 33 Non-Pecuniary Losses 33 Contributory Negligence 34 Loss of Bargain Damages and Termination Under a Term 34 Action for debt 34 Legislation 34 Substantial performance 34 Payment independent of performance 35 Deposits 35 Misrepresentation 35 Reliance by the representee 36 Rescission 36 Rescission under the common law 36 Rescission in equity 36 Bars to Rescission 37 Misleading or Deceptive Conduct 37 the representee labours must be under some erroneous assumption 37 Relevant Audience 37 Mistake 38 Parties in agreement – common mistakes 38 Existence of subject matter 38 quality of a subject matter 38 Recording the agreement 39 Parties not in agreement 39 Mistake as to terms 39 Mistake as to identity 39 Mistakenly signed documents 40 Mistake in recording agreement 40 Duress 40 Duress and coercion of a person 40 undue influence 41 Unconscionable dealing 41 Unconscionable and unjust conduct under statute 42 Remedies and redress 44 Three party situations 44 CONTRACTS REVIEW ACT 1980 45