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Class Notes for LAWS105 at Australian Catholic University

Contract Law

LAWS105 Lecture 4: LAWS105 week 4 privity n terms

find more resources at oneclass.com LAWS105 WEEK 4 PRIVITY AND TERMS. What is privity. - Only a party to the contract can enforce the contract. - The doctrine of privit...

LAWS
LAWS105
May Cheng
LAWS105 Lecture 10: Laws105 week 10 discharge by frustration

Discharge by Frustration What is the doctrine of Frustration? Frustration occurs where: an unexpected supervening event occurs, and it would be positively unjust to hold the parties bound to the contract under the dramat...

LAWS
LAWS105
May Cheng
LAWS105 Lecture Notes - Lecture 10: Nechacco, Rescission, Arbitration Clause

Discharge for Breach Week 10 Lecture Breach allowing termination 3 types of breach allow innocent party to terminate: 1. Contractual provision permitting discharge. 2. Repudiatory breach guilty party ren...

LAWS
LAWS105
May Cheng
LAWS105 Lecture Notes - Lecture 8: Specific Performance

Discharge by Agreement Tuesday, 21 June 2016 1:49 PM Week 9 Lecture Discharge by Agreement There are 2 ways a contract can be discharged by agreement: 1.Termination by separate agreement; and 2.Termination provisions in...

LAWS
LAWS105
May Cheng
LAWS105 Lecture Notes - Lecture 7: All England Law Reports, 6 Years, Specific Performance

Performance Tuesday, 21 June 2016 1:39 PM Week 9 Lecture Termination of a contract How a contract comes to an end by either: Performance; or Agreement General Rule Requirement for discha...

LAWS
LAWS105
May Cheng
LAWS105 Lecture Notes - Lecture 3: Miscarriage, Sydney Law Review, United States Contract Law

FORMALITIES Week 3 Lecture Any contract for a transfer of land absolutely has to be in writing etc Conveyancing Act 1919 SECT 54A (NSW) Contract for sale etc of land has to be in writing 1. No action or proceedings may be...

LAWS
LAWS105
May Cheng
LAWS105 Lecture Notes - Lecture 4: Australian Consumer Law, Collateral Contract, Oral Contract

TERMS OF CONTRACT Week 4 lecture Terms of a contract It is important to determine what terms of a contract are because: This determines the obligations of the parties Breach of terms gives rise to contractual remedies What...

LAWS
LAWS105
May Cheng
LAWS105 Lecture Notes - Lecture 6: Standard Form Contract, Equitable Remedy, Westpac

Duress Tuesday, 21 June 2016 12:42 PM Week 7 Lecture Duress (and undue influence and unconscionable conduct and unfair terms) The four topics ((i) duress; (ii) undue influence; (iii) unconscionable conduct; and (iv) unfair...

LAWS
LAWS105
May Cheng
LAWS105 Lecture Notes - Lecture 4: Stevedore, Equitable Remedy, Specific Performance

PRIVITY Week 4 Lecture Only a party to the contract can enforce the contract The doctrine of privity states that third parties to a contract (even if beneficiaries under the contract, or obligated under the contract) canno...

LAWS
LAWS105
May Cheng
LAWS105 Lecture Notes - Lecture 5: Rescission, Volvo S80, Personal Property

Remedies Week 6 Lecture DAMAGES ACL s236 (was s82 TPA): damages are available for loss damage suffered for misleading and deceptive conduct o A casual connection must be shown (not too remote) o Tort measure applies (whats...

LAWS
LAWS105
May Cheng
LAWS105 Lecture Notes - Lecture 4: Parol Evidence Rule, State Rail Authority, Collateral Contract

CONSTRUCTION OF TERMS Tuesday, 5 April 2016 10:53 AM 1. Rules of construction Basic Rule (terms given the meaning intended by parties, usually determined objectively) Parol evidence rule (extrinsic evidence cannot vary a w...

LAWS
LAWS105
May Cheng
LAWS105 Lecture Notes - Lecture 6: Australia And New Zealand Banking Group, Equitable Remedy, Crown Melbourne

UNCONSCIONABLE CONDUCT Vitiating factors: can the contract be avoided for some reason? Previously: o Misleading or deceptive conduct o Mistake o Duress o Undue influence This week: o Unconscionable conduct; o Unfair terms ...

LAWS
LAWS105
May Cheng
LAWS105 Lecture Notes - Lecture 5: Contra Proferentem, All England Law Reports, Puffery

Exclusion Clauses What is an exclusion Clause? An exclusion clause protects a party to contract from what would otherwise be their liability A contract may contain more than one type of exclusion clause - to max...

LAWS
LAWS105
May Cheng
LAWS105 Lecture Notes - Lecture 2: Nathaniel Lindley, Baron Lindley, Posting Rule, Citator

- Agreement Summary Week 2 Agreement Meeting of the minds Determined objectively (reasonable person test) Offer and acceptance Offer Promise and NOT an invitation to deal or treat Can be made to the...

LAWS
LAWS105
May Cheng
LAWS105 Lecture Notes - Lecture 3: Contract, Reed Business Information, Mental Disorder

INTENTION Week 3 Lecture PAGE 315 How do you determine intention, a subjective or objective approach? Stressing the importance of the objective text but Air Great Lakes v KS Easer (1989) NSW Facts: Parties entered into agr...

LAWS
LAWS105
May Cheng

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