HD and Dean's List Full Course Notes

Description

HD and Dean's List Extensive Complete Course Notes. Covering every topic and lecture for the whole term. Topics covered: Week 1 (Nature and Theory of Contract Law): The four elements of contract formation (agreement, consideration, certainty, intention), contract as a branch of the law of obligations, classical contract theory (will theory, freedom of contract, Sir George Jessel MR in Printing and Numerical Registering Co v Sampson), three criticisms of classical contract theory, modern theories of contract (promise theory: Charles Fried; reliance theory; efficiency theory and law and economics; relational contract theory: Macneil), contract vs tort vs unjust enrichment, concurrent liability. Week 1 (Agreement: Offer and Acceptance): Offer vs invitation to treat (Gibson v Manchester City Council, Carlill v Carbolic Smoke Ball Co, Pharmaceutical Society v Boots Cash Chemists, Mobil Oil v Wellcome International), unilateral offers and acceptance by performance, acceptance requirements (The Crown v Clarke, Felthouse v Bindley, Empirnall Holdings v Machon Paull Partners), postal rule, instantaneous communications rule (Brinkibon v Stahag Stahl), acceptance by conduct (Brambles Holdings v Bathurst City Council). Week 2 (Consideration): Definition and essential elements (Australian Woollen Mills v Commonwealth on the quid pro quo requirement), adequacy vs sufficiency, Beaton v McDivitt (reliance not consideration), past consideration rule (Roscorla v Thomas) and the antecedent request exception (Pao On v Lau Yiu Long), the existing legal duty rule, Foakes v Beer and the rule in Pinnel's Case (part payment of debt), the practical benefit exception (Williams v Roffey Bros, Musumeci v Winadell), duty owed to a third party as consideration. Week 3 (Certainty, Completeness and Intention to Create Legal Relations): Incompleteness, uncertainty and illusory promises, the capable of a meaning test (Council of Upper Hunter v Australian Chilling and Freezing Co), uncertainty in practice (Biotechnology Australia v Pace, Hall v Busst), obligations to negotiate in good faith (United Group Rail Services v Rail Corporation NSW), illusory subjective satisfaction clauses (Meehan v Jones), intention to create legal relations (Ermogenous v Greek Orthodox Community of SA: objective inquiry, avoid presumptions), categories of agreement (commercial, domestic and social, government), preliminary agreements and Masters v Cameron categories. Week 4 (Privity of Contract): The privity doctrine and its two aspects (Coulls v Bagot's Executor), the privity rule for third party benefits, Trident General Insurance v McNiece Bros (High Court reform of privity in insurance), methods of circumventing privity (agency, assignment, novation, trust, estoppel, tort), Hill v Van Erp (solicitor's duty to disappointed beneficiary), statutory modification of privity (Property Law Act 1974 (Qld) s 55). Week 5 (Introduction to Property and Licences): Property as a legal relationship with a thing, bundle of rights (Yanner v Eaton), rights in rem vs rights in personam, numerus clausus principle, real vs personal property (corporeal and incorporeal hereditaments, choses in possession, choses in action), three types of licence (bare, contractual, coupled with interest), Cowell v Rosehill Racecourse (contractual licence revocable at common law, damages remedy), equitable remedies for wrongful revocation (specific performance: Verrall v Great Yarmouth Borough Council), enforcement of licences against third parties (King v David Allen, Georgeski v Owners Corporation), extent of property rights, human body and work/skill exception (Doodeward v Spence), no property in a spectacle (Victoria Park Racing v Taylor). Week 7 (Fixtures and Chattels, Nemo Dat, Possessory Torts): The fixtures test from Holland v Hodgson (degree of annexation and object of annexation), classification examples (Reid v Smith, Leigh v Taylor, Belgrave Nominees, Snowy Hydro), tenants' fixtures exception, hire-purchase goods, nemo dat quod non habet principle and rationale, statutory exceptions (Sale of Goods Act 1923 (NSW) s 26 mercantile agent exception), possessory torts (trespass to goods, detinue, conversion: elements, title to sue, damages for each). Week 8 (Adverse Possession, Formalities and Part Performance): Adverse possession under Limitation Act 1969 (NSW) (12 years private land, 30 years Crown land, 6 years goods), three elements: factual possession, animus possidendi, without consent (Whittlesea City Council v Abbatangelo), Perry v Clissold (possessory title good against all but true owner), adverse possession and the Torrens system (Real Property Act 1900 (NSW) s 45D), formalities for transfer of land (Conveyancing Act 1919 (NSW) s 54A: written and signed contract requirement), two-stage process (contract then registered transfer), part performance doctrine (Mason v Clarke: acts exclusively referable to contract make it enforceable in equity), requirements for part performance. Week 9 (Equitable Estoppel): Estoppel by representation vs equitable estoppel, promissory estoppel (Hughes v Metropolitan Railway, Central London Property Trust v High Trees), proprietary estoppel, Brennan J's six-element framework in Waltons Stores v Maher (assumption, inducement, reliance, knowledge, detriment, failure to act), Je Maintiendrai v Quaglia (promissory estoppel applied to reduced rent), Waltons Stores v Maher (equitable estoppel as a sword creating new rights, passive silence while other party acts to their detriment), minimum equity principle, scope of promissory estoppel: conservative view (Saleh v Romanous, must be negative in substance) vs broader view (Waltons Stores, W v G (1996) equitable estoppel as independent cause of action, co-parenting responsibilities), Ashton v Pratt (ongoing debate in NSW). Week 10 (Unjust Enrichment and Restitution): Unjust enrichment as a branch of the law of obligations, relationship between contract and restitution, recovery of mistaken payments, failure of consideration as an unjust factor.