Torts and Contracts II Distinction (75) Final Exam Notes

Description

Concise and clear exam notes for the USYD unit Torts and Contracts II. Contains topic overviews as well as principles and briefs of key cases. Updated with the latest 2020 law. Please note it is only for the final exam meaning it only contains content from topic 4 (vitiating factors) onwards. You can check out my other listing for extremely methodical exam scaffolds. Table of Contents: 4. Intro to Vitiating Factors and Rescission 3 Vitiating Factors 3 Rescission as a Remedy 3 Bars to Rescission 3 5. Duress and Mistake 5 Duress 5 Mistake 5 Common Mistake 5 Mutual Mistake 6 Unilateral Mistake 7 Rectification 8 Non est factum – ‘it is not my deed’ 8 6. Unfair Dealing 9 Undue Influence 9 Unconscionable Conduct 11 Unconscionable Conduct under the ACL 13 Unfair Contracts Under Statute 14 ACL – Unfair Contract Terms 14 CRA – Unjust Contracts 15 7. Misrepresentation and Misleading or Deceptive Conduct 17 Misrepresentation at common law 17 Statutory liability for misleading or deceptive conduct (ACL s 18) 19 ACL Remedies 22 8. Trespass to Land 24 Elements 24 Damage by aircraft 26 Defences 26 Remedies 26 9. Private Nuisance 28 Title to sue 28 Elements 28 Basis of liability 30 Defences 30 Remedies 31 10. Tortious Interference with Goods 32 Title to Sue 32 Bailment 32 Torts 33 Trespass to Goods 33 Conversion of Goods 34 Detinue 35 Action on the Case for Damage to Reversionary Interest 36 Remedies 36 Possession and Finding 37 11. PEL I: Negligent Misstatement and Professional Liability 39 Deceit of Fraud 39 Liability in Negligence 40 Negligent Misstatement 41 Two party cases 42 Three party cases 45 Professional Negligence 47 Liability to Contractual Parties 47 Liability to Third Parties 48 12. PEL II: Loss From Damage to Third Party Property or Third Party Injury 50 PEL due to Damage to Third Party Property 50 PEL Due to Third Party Injury 54 13. PELIII: Defective Structures and Products 57 Defective Structures 57 Legislation 58 Liability of a Sub-Contractor to a Contractor’ Client 61 Defective Products 61 14. Proportionate Liability 63 Joint and Several Liability 63 Proportionate Liability 65