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Study Guides for LLB202 at Queensland University of Technology

Contract Law

LLB202 Study Guide - Final Guide: Cape Schanck, Anglia Building Society, Non Est Factum
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1. Mistake For a mistake to affect the validity of a contract it must be an "operative mistake", ie, a mistake which operates to make the contract void. The effect of a mistake is: At common law, when the mistake is op...

Law
LLB202
Des Butler
LLB202 Study Guide - Final Guide: Collateral Contract, Covidien, Determinative
Premium

1. Pre-contractual Oral Statements pg 227 Not all oral statements made prior to a contract being formed, will form part of the contract. The legal implications will depend on the way in which the statement is classified....

Law
LLB202
Des Butler
LLB202 Study Guide - Final Guide: Unconscionability, Rescission

1. Unconscionable Conduct 10.1 Unconscionability at Common Law Equity may grant relief for unconscionable conduct where 1. One party is in a position of special disadvantage 2. The other party knows or ought...

Law
LLB202
Des Butler
LLB202 Study Guide - Final Guide: Parol Evidence Rule, Miscarriage

1. FORMALITIES Certain types of contracts must be in writing before they are binding to ensure there is no doubt as to the intentions of the parties and the terms which make up the contract. 7.1 Contract to be made or e...

Law
LLB202
Des Butler
LLB202 Study Guide - Final Guide: Australian Consumer Law, Demagogue

1. Misleading or Deceptive Conduct s18 of the Australian Consumer Law states that A person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive. Whilst con...

Law
LLB202
Des Butler
LLB202 Study Guide - Final Guide: Australian Consumer Law, All England Law Reports

1. Misrepresentation: Misleading or deceptive conduct A false statement made to induce a party to enter into a contract may be actionable under the common law of misrepresentation or the Australian Consumer Law. 8.1 C...

Law
LLB202
Des Butler
LLB202 Study Guide - Final Guide: Deontological Ethics, Selfridges, Chappell & Co.

CONSIDERATION pg 142 Definition Consideration is the price paid for the promise (Dunlop Pneumatic Tyre Company v Selfridge & Company Ltd). Consideration can be executed or executory but not past. Consideration in bilat...

Law
LLB202
Des Butler
LLB202 Study Guide - Final Guide: General Position

CAPACITY Lack of capacity in contract law does not refer to lack of understanding but to particular people who in certain circumstances invoke the protection of the law. 6.1 Minors In Australia, a minor is a person under...

Law
LLB202
Des Butler
LLB202 Study Guide - Final Guide: Burns Philp

PRIVITY Attempts to confer benefit on third parties General rule Only the parties to a contract are legally entitled to enforce it. This can be both a benefit, in that a third party cannot be subjected to liabilities ...

Law
LLB202
Des Butler
LLB202 Study Guide - Final Guide: Kiri Te Kanawa, Estoppel, Mobil

EQUITABLE ESTOPPEL Equitable Estoppel prevents a party from going back on a promise when the other party relied upon it to their detriment. There need not be a pre-existing contractual relationship between the parties b...

Law
LLB202
Des Butler
LLB202 Study Guide - Final Guide: Exxon, Kleinwort Hambros, Skyways Limited

. INTENTION TO CREATE LEGAL RELATIONS pg 120 4.1 Statement of rule To create a contract there must be a common intention of the parties to enter into legal obligations, mutually communicated expressly or impliedly. ...

Law
LLB202
Des Butler
LLB202 Study Guide - Final Guide: Ugl Rail

COMPLETENESS Parties must have reached an agreement regarding all the essential terms before they will be regarded has having entered a contract (Brooker Industries v Wilson Parking). Parties may reach agreement on many...

Law
LLB202
Des Butler
LLB202 Study Guide - Final Guide: Meeting Of The Minds, Scammell, Softwood

3.1 CERTAINTY The parties intentions must be able to be determined with a reasonable degree of certainty otherwise there would be no consenses ad idem (Whitlock v Brew). The law attempts to uphold agreements wherever poss...

Law
LLB202
Des Butler
LLB202 Study Guide - Final Guide: Answering Machine, Fax, Law Reports

2 ACCEPTANCE pg 58 Definition Acceptance of an offer is the expression, by words or conduct, of assent to the terms of the offer in the manner prescribed or indicated by the offer (Anson's Law of Contract, p 32). Thus ...

Law
LLB202
Des Butler
LLB202 Study Guide - Final Guide: Hughes Aircraft Company, Airservices Australia, Tinn

AGREEMENT pg 29 In order for a contract to be valid, the parties must have reached a concluded agreement. A valid agreement based on offer and acceptance can exist between two or more parties: Clarke v Dunraven Material ...

Law
LLB202
Des Butler

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