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LLB 120 (17)

Class Notes for LLB 120 at University of Wollongong

Law of Contract A

LLB 120 Lecture Notes - Lecture 8: Harry Gibbs, Specific Performance, Fine Fare

CERTAINTY AND COMPLETENESS A contract cannot be valid if the terms of the contract are not certain or complete. The terms of the contract must be clear enough that a reasonable person can understand the meaning of th...

LLB
LLB 120
All Professors
LLB 120 Lecture Notes - Lecture 10: Republican Reliance Party, Unconscionability, Dont

CHECKLIST TO ANSWER ALTERNATIVE REMEDY Q 1) Is there a contract? Briefly go through each element e.g. there was offer and acceptance AND THEN further explain the element that does not hold up If not a contract ...

LLB
LLB 120
All Professors
LLB 120 Lecture Notes - Lecture 12: Estoppel, Novation, Specific Performance

PRIVITY Answering q: Not every issue will require a full analysis of each component of formation. You need to mentally evaluate the facts to determine if there are any issues regarding formation. Your...

LLB
LLB 120
All Professors
LLB 120 Lecture Notes - Lecture 10: Quantum Meruit, Quasi-Contract, William Gummow

ALTERNATIVE RELIEF If you are unable to establish the necessary elements of contract formation Look to see if a contract can be established through: Doctrine of part performance Ogilvie v Ryan Equitable estoppel ...

LLB
LLB 120
All Professors
LLB 120 Lecture Notes - Lecture 9: Statute Of Frauds, Intellectual Disability, Dementia

Capacity Lacking contractual capacity Minors Mentally disordered Intoxicated To protect them from entering legally binding contracts that they might not have been able to a...

LLB
LLB 120
All Professors
LLB 120 Lecture Notes - Lecture 4: International Laboratory Accreditation Cooperation, Machine Tool, Aust

CONTRACTS WEEK 4 ACCEPTANCE Assessment Format: ILAC see how the court systematically identifies the issues Meeting of the Minds: Dickinson v Dodds Policy? Why is it important enough when selling? Ellis TB Acceptanc...

LLB
LLB 120
All Professors
LLB 120 Lecture Notes - Lecture 12: Himalaya Clause, Relying Party, Rescission

Week 12: 263 Privity The doctrine of Privity states that a person who isnt a party to a contract cant enforce the contract or incur any obligations under it In order to sue on a promise, the plaintiff must not only have gi...

LLB
LLB 120
All Professors
LLB 120 Lecture Notes - Lecture 11: Trustee Act 1925, Rescission, Bailment

Week 11: 225251 Restitution the type of remedy we are concerned with Unjust enrichment the source of rights we are concerned with The law of restitution is concerned with the recovery of gains made at the expense of others...

LLB
LLB 120
All Professors
LLB 120 Lecture Notes - Lecture 10: National Crime Authority, Edensor, Unidroit

Week 10: 175-223 Estoppel Consideration fails to recognise detrimental reliance on a promise as a basis for enforcing the promise Principles of estoppel operate where non-contractual promises and representations have been...

LLB
LLB 120
All Professors
LLB 120 Lecture Notes - Lecture 9: 18 Months, Edward Fry, Estoppel

Week 9: 147-171 Formalities Common law doesnt require a contract to be in any particular form A verbal contract is enforceable as its existence can be established by oral testimony Some statutes prescribe formal requireme...

LLB
LLB 120
All Professors
LLB 120 Lecture Notes - Lecture 8: Le Classique

Week 8: 133-145 4 requirement is that the agreement must be certain and complete An offer will only be effective if it identifies with sufficient certainty the terms of the proposed contract the more comprehensive the ag...

LLB
LLB 120
All Professors
LLB 120 Lecture Notes - Lecture 7: Coober Pedy

Week 7: 115-131 Intention The third requirement. The parties must manifest an intention to create legal relations A party will only be regarded as making an offer or an acceptance if that parry manifests an intention to b...

LLB
LLB 120
All Professors
LLB 120 Lecture Notes - Lecture 6: Fide

Week 6: 100114 Sufficiency of consideration Consideration must be sufficient but need not be adequate The requirement of sufficiency means that consideration must be something the law regards as valuable The courts have no...

LLB
LLB 120
All Professors
LLB 120 Lecture Notes - Lecture 5: Quid Pro Quo, Consideration

Week 5: 93-99 When is consideration required? The second element. The doctrine of consideration requires that something must be given in return for a promise in order to make it binding When a contract is made by an excha...

LLB
LLB 120
All Professors
LLB 120 Lecture Notes - Lecture 4: Posting Rule, Fax, Paull

Week 4: 73-91 Acceptance Conduct constituting an acceptance An acceptance is an unqualified assent to the terms of an offer Whether a real meeting of the minds is required depends in theory on whether one ...

LLB
LLB 120
All Professors

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