Find
Search for over 200,000 study notes and past assignments!
Swap
Download study resources by swapping your own or buying Exchange Credits.
Study
Study from your library anywhere, anytime.
Contracts complete study notes
LAWS1075 - Contracts
1 Found helpful • 100 Pages • Complete Study Notes • Year: Pre-2021
Matters to consider: 1. Identify the express terms agreed 2. Terms must be construed to determine their meaning and legal effect (whether they apply to resolve dispute in question) 3. In identifying 1 and construing 2, it is necessary to consider the parol evidence rule 4. If an express terms proves to be silent, you must determine whether silence was intentional or whether there is a gap in the terms in which the court may imply a term dealing with the issue in dispute 5. Consider the effect of statute on parties contractual rights and obligations Objective approach AIM of courts: give effect to ‘presumed intentions’, favouring an objective approach: Fitzgerald v Australian Rights Association; Toll v Alphapharm • Allows parties to rely on reasonable interpretation of their contract • Protects the security of a bargain ARE THEY SIGNED TERMS? YES – bound by all terms • RULE: A party will be bound by the terms contained in a contractual document which he/she has signed, whether or not they have read the document: Lestrange • Upheld in Toll (FGGT) v Alphapharm (2004) o RULE: Signature has legal effect of reading and accepting the contract regardless of whether the party actually did so – objective intention • “A person who signs a contractual document without reading it is bound by its terms only if the other party has done what is reasonably sufficient to give notice of those terms” - only applies for exclusion clauses or unusual clauses
This document is 25 Exchange Credits
More about this document:
|
This document has been hand checkedEvery document on Thinkswap has been carefully hand checked to make sure it's correctly described and categorised. No more browsing through piles of irrelevant study resources. |
|
This is a Complete Set of Study NotesComplete Study Notes typically cover at least half a semester’s content or several topics in greater depth. They are typically greater than 20 pages in length and go into more detail when covering topics. |
|
What are Exchange Credits?Exchange Credits represent the worth of each document on Thinkswap. In exchange for uploading documents you will receive Exchange Credits. These credits can then be used to download other documents for free. |
|
Satisfaction GuaranteeWe want you to be satisfied with your learning, that’s why all documents on Thinkswap are covered by our Satisfaction Guarantee. If a document is not of an acceptable quality or the document was incorrectly described or categorised, we will provide a full refund of Exchange Credits so that you can get another document. For more information please read Thinkswap's Satisfaction Guarantee. |
Studying with Academic Integrity
Studying from past student work is an amazing way to learn and research, however you must always act with academic integrity.
This document is the prior work of another student. Thinkswap has partnered with Turnitin to ensure students cannot copy directly from our resources. Understand how to responsibly use this work by visiting ‘Using Thinkswap resources correctly’.