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LAWS3025 - Advanced Contract Law

40 Pages University of New South Wales Complete Study Notes Year: Pre-2017

1. CONTINGENT CONDITIONS _______________________________________ 1 1.1 Introduction .......................................................................... 1 Overview ..................................................................................... 1 Terminology & Identification......................................................1 1.2 Approach .............................................................................. 2 Determining whether the immediate duty of performance arises 2 1. Distinguishing Performance from Formation .........................3 2. Has the need for fulfilment been eliminated? .......................4 4. Implied Promise to Effect Fulfilment......................................4 5. Loss of right to terminate – Election, Estoppel ......................6 6. Termination ............................................................................6 2. DEPENDENCYOFPROMISES_______________________________________8 2.1 Introduction .......................................................................... 8 2.2 Are the Promises Dependent? ............................................... 8 2.3 Order of Performance in Dependency Situations ................... 9 Major performances due concurrently ......................................9 Other factors.............................................................................10


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