LAWS104 Lecture Notes - Lecture 1: Problem-Based Learning, International Laboratory Accreditation Cooperation, Objective Test
Document Summary
Common law principles may be qualified by equity. If not, the law will be in common law principles. Torts: obligation is found in a legal rule. Contract: obligation is found in an agreement. Most contract definitions based on concepts of promise and agreement. A contract may conveniently be described as an agreement between two or more parties that a court will enforce . Bilateral contracts promise for a promise. Unilateral contracts act for a promise. Implied contracts (clarke v dunraven [1897] ac 59) Simple contracts requires no special form to be created (even if it is in writing) Formal contracts requires a special form to be created (eg a deed) Valid contracts elements of formation satisfied. Void contracts no contract ab initio". Voidable contracts a valid contract that can be cancelled. Unenforceable contracts may be valid but cannot be enforced. Specific performance enforcing a positive contractual obligation.