LAWS105 Lecture Notes - Lecture 4: Australian Consumer Law, Collateral Contract, Oral Contract
Document Summary
Statutory impositions because of the nature of the contract contractual rights and obligations operating in addition to, and independently of those created by the terms of contract. Express and implied terms: express terms = the terms that the parties articulate. Express terms may be made by one or a combination of ways: orally, or making reference to a statement in a ticket or sign containing terms. Tricky issue with express terms is identifying what pre - contractual discussions/documents form part of the contract. Implied terms = terms not referred to by the parties but which nevertheless form part of the contract through the operation of the law. Breach of a term means breach of contract (contractual damages/equitable remedies): a collateral contract to the main contrcat made between parties. Remedies under the cca (australian consumer law, s18) and common law: a sales puff. A reasonable person would recognise this as merely exaggerated sales talk- no remedy.
