Exam notes: Topics 3-7 (Weeks 3-12) (excl. Contract formation, Capacity & Privity) Topic 3: Terms of the contract Collateral contracts Incorporation of terms by signature Incorporation of terms by notice Incorporation of terms by course of dealings Construing the terms Extrinsic evidence and the parol evidence rule The process of construction Exclusions clauses Topic 4: Gap-filling (Implied terms) Terms implied in fact Terms implied by custom Terms implied by law Topic 5: Discharge / Termination of contract Introduction to discharge / termination Discharge by performance Termination by agreement Termination for breach Termination for repudiation Discharge by frustration Topic 6: Vitiating factors (Proper consent) Misinformation: Misrepresentation (innocent/fraudulent) Australian Consumer Law s 18 Mistake Abuse of power Duress Undue influence Unconscionable conduct Third party impropriety Yerkey v Jones / Garcia v National Australia Bank Illegality Topic 7: Introduction to remedies Termination / rescission Election Actions for debt Introduction to damages and specific performance


Autumn session, 2023

47 pages

17,612 words



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