Guaranteed the BEST and ONLY set of EXTREMELY ORGANISED NOTES that you will need for the final exam!! These notes extensively COVER ALL TOPICS THAT CAN BE ASSESSED. These notes include: - readily available TEMPLATES for each topic that can be assessed in the exam which makes it easy to FINISH THE EXAM in the time period - the templates also include FORMATTING of how to STRUCTURE ANSWERS with all the KEY CASES being cited - TABLE OF CONTENTS for easy access to each topic during the exam - extensive CASE SUMMARIES of all the key cases at the end of each topic plus more which will distinguish you from others I promise these notes will NOT disappoint and are DEFINITELY worth the price. Topics covered include: • General Structure: o 3. Terms of the contract • Express Terms o Written terms & Signature o Incorporations of terms by notice (FOR UNSIGNED DOCUMENTS) o Incorporations by a course of dealings (PAST DEALINGS) o Statements during negotiation and the parol evidence rule o When is a statement a term of a contract? • Construing the terms o The Process of Construction o Extrinsic Evidence (ANOTHER EXCEPTION TO PER IS AMBIUOUS LANGAUGE) 20 o Exclusion clauses • 4. Implied terms o Terms implied in fact o Terms implied by custom o Statutory Guarantees • 5. Discharge / Termination of contract o Discharge by performance o Termination by agreement o Termination for breach o Termination for delay o Termination for repudiation o Discharge by frustration • 6. Vitiating factors o Misinformation  Misrepresentation  Australian Consumer Law s 18 • Conduct • ‘In trade or commerce’ • Misleading or deceptive conduct • Statements of the future • Opinions • Silence • Fault • Passing on Information • Disclaimers  Remedies  Mistake • Unilateral Mistake • Non est factum • Unilateral mistake in equity o Abuse of power  Duress  Undue influence  Unconscionable conduct  Statutory unconscionable conduct  Third party impropriety • 3rd party actual undue influence • 3rd party presumed undue influence o Wives' equity (Yerkley / Garcia) • 7. Introduction to remedies o Termination / Rescission o Election o Actions for debt Enjoy and good luck!! :)))


Spring session, 2022

128 pages

59,042 words



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