HD Detailed Contract Law Notes

Description

HD Notes - detailed, with steps and includes every area covered in the course, with hyperlinks, diagrams and colour coded. CONTENTS: TERMINATION TERMINATION BY AGREEMENT AGREEMENT UNDER ORIGINAL CONTRACT SUBSEQUENT AGREEMENT ABANDONMENT TERMINATION BY BREACH CLASSIFYING TERMS INTERMEDIATE TERM V CONDITION CONTRACTUAL RTT VS COMMON LAW RTT TERMINATION FOR REPUDIATION DEFINITION CONDUCT AMOUNTING TO REPUDIATION SPECIAL CASES OF REPUDIATION TERMINATION FOR DELAY DEFINITION CONSEQUENCES OF A RIGHT TO TERMINATE ELECTION RESTRICTIONS ON THE RIGHT TO TERMINATE ELECTION READINESS AND WILLINGNESS ESTOPPEL WAIVER RELIEF AGAINST FORFEITURE GOOD FAITH CONTRACTUAL RESTRICTIONS INTERNATIONAL TRANSACTIONS REMEDIES FOR TERMINATION COMMON LAW DAMAGES DEFINITION CAUSATION REMOTENESS MITIGATION NON-PECUNIARY LOSSES CONTRACTUAL LIMITATIONS STATUTORY LIMITATIONS CONTRIBUTORY NEGLIGENCE LIQUIDATED DAMAGES AND PENALTIES RATIONALE LIQUIDATED DAMAGES PENALTY EQUITABLE REMEDIES DEFINITION SPECIFIC PERFORMANCE INJUNCTION EQUITABLE DAMAGES STRUCTURE ACTIONS FOR DEBT DEFINITION RESTITUTION DEFINITION TOTAL FAILURE OF CONSIDERATION QUANTUM MERUIT FRUSTRATION DEFINITION STEP 1: ARE ANY ILLUSTRATIVE CATEGORIES RELEVANT? STEP 2: DO ANY LIMITATIONS ON FRUSTRATION APPLY? STEP 3: CONSEQUENCES OF FRUSTRATION COMMON LAW VITIATING FACTORS DEFINITION DURESS DEFINITION TEST TWO ELEMENTS TO DURESS TYPES OF DURESS UNDUE INFLUENCE DEFINITION TEST UNDUE INFLUENCE: CLASSES UNCONSCIONABLE DEALING TEST DOCTRINE OPERATES WHERE: ADEQUACY OF CONSIDERATION ELEMENT 1: SPECIAL DISABILITY REBUTTING THE PRESUMPTION 4. THIRD PARTY IMPROPRIETY THREE-PARTY SITUATIONS 1. INTRODUCTION 2. ANALYSE VITIATING FACTOR(S) 3. CAN TP’S IMPROPRIETY BE IMPUTED TO P’S CONTRACT WITH D? 4. CONSEQUENCES 5. REMEDY UNCONSCIONABLE DEALING NOTICE OF UNDUE INFLUENCE/DURESS WIVES’ SPECIAL EQUITY REMEDIES FOR CONTRACT VITIATED AT COMMON LAW RECISSION TERMINATION V RECISSION COMMON LAW V EQUITY PRECISE RESCISSION SUBSTANTIAL RESCISSION PARTIAL RESCISSION RESTRICTIONS ON RESCISSION SUBSTANTIAL RESTORATION IS NOT POSSIBLE AFFIRMATION INTERVENTION OF A THIRD PARTY STATUTORY VITIATING FACTORS DEFINITION SCOPE OF THE PROHIBITION ON UNCONSCIONABLE CONDUCT STATUTORY UNCONSCIONABLE CONDUCT ACL S 20: ‘UNWRITTEN LAW’ ACL SECTION 21: GOODS OR SERVICES MISLEADING OR DECEPTIVE CONDUCT STATUTORY PROVISIONS 1. ‘IN TRADE OR COMMERCE’ LIMITATION 2. RELEVANT AUDIENCE 3. MISLEADING OR DECEPTIVE CONDUCT 4. DISCLAIMERS, EC, EAC 5. CONCLUSIONS 6. REMEDIES STATUTORY REMEDIES REQUIREMENTS FOR COMPENSATION DAMAGES OTHER ORDERS CAUSATION