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52 Pages Complete Study Notes Year: Pre-2021

Principles of Contract Law study notes cover topics of Privity, Estoppel, Implied and expressed terms. Each heading includes all elements of the topic and gives examples of cases. For example: PRIVITY • Common law doctrine. • A person who is not a party to a contract cannot enforce it, cannot occur obligations under it; (Coulls) • A person who is a party to a contract has “privity of contract”. • A person who is not a party has no privity of contract. Circumventing Privity: • Insurance contracts; (Trident) • Barwick CJ’s Four point test; (Port Jackson Stevedoring Pty Lty v Salmond & Spraggon (‘New York Star’ case)) • If A makes promise to B to provide for C, C can enforce it; (Gate Gourmet) • By arguing other legal causes of action: • Negligence (Hill v Van Erp) • Trust (Trident, per Deane J) • Unjust enrichment (Trident, per Gaudron J) • Statutory rights (ACL) • Estoppel ESTOPPEL • Can be used as a sword or a shield; (Walton Stores v Maher) Elements: • Assumption; (Je Maintiendrai Pty Ltd v Quaglia; Legione v Hately; Walton Stores v Maher) • Inducement; (Legione v Hately; Mobil Oil Australia Ltd v Wellcome; Walton Stores v Maher) • Detrimental reliance; (Legione v Hately; Commonwealth v Verwayen; Mobil Oil Australia Ltd v Wellcome) • Reasonableness: (Walton Stores v Maher) • Unconscionability; (Je Maintiendrai Pty Ltd v Quaglia; Legione v Hately; Walton Stores v Maher; Commonwealth v Verwayen) • Departure EXPRESS TERMS (PART I) • Statements made during negotiation, (no PER): • Expression of opinion is not promissory, merely representational; (JJ Savage & Sons Pty Ltd v Blakney) • Expertise of parties; (Dick Bentley; Smythe v Thomas; Oscar Chess Ltd v Williams) • Importance of statement; (Van den Esschert; Smythe v Thomas) • Timing; (Van den Esschert) • Form of contract; (Equuscorp Pty Ltd) • Surrounding circumstances; (Hospital Products) • Effect of signature; (L’Estrange v F Graucob Ltd; Fitness First v Chong; Toll (FGCT) Pty Ltd v Alphaphram Pty Ltd), electronic; (eBay v Creative Festival Entertainment), misrepresentation; (Curtis v Chemical Cleaning & Dyeing Co) • Incorporation of terms by notice: • Timing; (Oceanic Sun Line Special Shipping Co v Fay) • Knowledge; (Parker), reasonable steps; (Causer; Shoe Lane Parking); particularly onerous or unusual; (Interfoto Picture Library; Baltic Shipping Co v Dillon) • Incorporated in course of dealings; (Balmain New Ferry; Rinaldi & Patroni) • Construing express terms; (ABC v APRA) • Interpreting exclusion clauses; (Darlington Futures v Delco; Sydney City Council v West; Thomas National Transport) Parole Evidence Rule • Does the PER apply; (State Rail Authority (NSW) v Heath Outdoor Pty Ltd; Equuscorp Pty Ltd: strict or flexible approach) • Extrinsic evidence; (Royal Botanical Gardens) • Circumventing the PER: • Collateral contract; (Hoyt’s Ltd v Spencer) • Estoppel; (Saleh v Romanous) IMPLIED TERMS


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