CLAW1001 Lecture Notes - Lecture 6: Oral Contract, Relational Contract, Novation
Document Summary
Terms of contracts: encapsulates what the parties have agreed to rights and obligations terms, express those agreed to by the parties; terms and their agreement being objectively determined. Difference between verbal and written contracts implied those implied by contract law (common law/courts) or by statute. No term can be implied which is inconsistent with the express terms: toll (fgct) pty ltd v alphapharm pty ltd (2004) hca. No suggested vitiating element and no claim for relief. Statements made to induce entry into the contract (representations) Statements meant to be obligations under the contract (terms) important: damages cannot be awarded for statement that is an innocent misrepresentation. Representations outside the contract are not obligations under the contract, and so cannot sue for breach of contract. However, these pre-contractual statements may be actionable outside the law of conduct tort negligent or fraudulent misrepresentation.
