Complete Contracts Study Notes
Theory pg 2
Offer and Acceptance
Offer pg 2-3
Acceptance 3-5
Duration of Offers 5-6
Uncertainty or Incompleteness 6-9
Consideration
Consideration must be referable to the promise 9-10
Consideration must move from the promisee 10-11
Consideration must be sufficient, but need not be adequate 11
Past Consideration is not consideration 11-12
Consideration must not be illusory 12-13
Performing Existing Legal Duties 13-14
Forebearance to sue or compromise on a legal claim 14-15
Intention to Create Legal Relations
Family and Social Situations 15-16
Commercial Situations 16
Contracts Requiring Writing
Legislation 16-17
Requirement of Writing 17
Effect of Non-Compliance 17-18
Discharge of Contracts Required to be Evidenced in Writing 18
Estoppel 18-20
Express Terms (Covers the question: what are the express terms?)
Terms and Mere Representations 20-22
Deciding Whether a Statement forms part of a Collateral Contract 22-23
Incorporation of Terms
Signed Contracts 24
Integration Clauses 25
Incorporation by Unsigned Documents – Tickets and Notices 25-26
Incorporation by Course of Dealing 26-27
Incorporation by Reference 27
Implied Terms
Terms Implied by Fact 28-29
Terms Implied by Law 29-30
Terms Implied by Custom/Trade Usage 30-31
Good Faith 31-32
Parol Evidence Rule 32-34
Situations in which the Rule Doesn’t Apply 34-35
Exclusion Clauses
Construction of Exclusion Clauses 35-36
Exclusion Clauses and Legislation 36-37
Privity
General Rule 37
Exceptions to the Rule 37-38
Contracts for the Benefit of a Third Party 38-40
etc etc
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Complete Study Notes
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Found Helpful
89 Pages
Complete Study Notes
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