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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


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