MLL111 Study Guide - Final Guide: De Minimis, Obiter Dictum, Himalaya Clause
Document Summary
Principles of contractual liability: formation of contract: 2. Certainty template: 14: consideration, estoppel & privity 16. Privity template: 21: terms in the contract: 24. Exclusion clauses template: 31: discharge of the contract 35. Termination by breach template: 40: remedies 44. An agreement differs from contract in that agreements are only at the offer and acceptance level. N offer is a manifestation by [p(cid:343)] to [p(cid:344)], by words or conduct, of [p(cid:343)(cid:514)s] willingness to be legally bound by certain terms if [p2] is willing to be bound by those same terms: carlill v carbolic smoke. Ball co. (to a person, class of persons or to the whole world) Test 1: intention: can the alleged offer, using a reasonable person test, be regarded as being accompanied by an intention on the part of [p1] to be contractually bound, (carlill v carbolic. Smoke ball co) as such it is necessary to look at the surrounding circumstances: amw v cth.
