LAWS105 Lecture Notes - Lecture 12: Equitable Remedy, Undue Influence, Liquidated Damages
LAWS105 – CONTRACT LAW
Wk. 12 – Revision – Exam Prep
Exams Skills
Instructions:
Read and follow the instructions – and note the value of marks to be awarded to
parts of questions
Watch your time and allocate enough time to each question
You might wish to answer the question you are most confident with first
Planning:
Read each question carefully – several times – calmly
Make an answer plan
Consider:
Who are the parties?
What are the legal issues?
Has the person who set the question put in a trick that you need to
eliminate?
What are the cases/legislation that you will need to refer to, to
answer the questions?
What assumptions need to be made
Writing:
Ensure your answer is well structured. For example
Use headings
Use paragraphs
You are not required to give citations of cases BUT you must give
an authority for your propositions of law (i.e. just say the name of the case
e.g. Hadley v Baxendale.
Course Overview
1. Formation of a Contract
2. Terms of a Contract (scope and content)
3. Vitiating Factors (avoidance)
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Read and follow the instructions and note the value of marks to be awarded to parts of questions. Watch your time and allocate enough time to each question. You might wish to answer the question you are most confident with first. Read each question carefully several times calmly. Course overview: formation of a contract, terms of a contract (scope and content, vitiating factors (avoidance, performance, discharge by agreement, breach, frustrations, damage and liquidated damages, and equitable remedies. Third parties cannot enforce a contract or have it enforced against them. Contracts for the benefit of a third party may be enforceable in effect if they create a separate contract between the promisor and the third party. Specific exceptions in categories such as insurance. General rule obligations to be performed strictly and completely. Implied termination provision e. g. for open ended contract. Not if both parties have not fully performed all their obligations.
