6/17/2013 5:45:00 AM Is there a contract? If there is a contract is it enforceable? Whats in the contract?

t? Express Terms Implied Terms What do the terms mean? How do they apply to the facts? Have the obligations been performed? How to create a legal argument choose the (applicable) rules/principals Consider the (relevant) evidence Apply the law to the facts Consider the Consequences Legal implications Consequences outside of legal circles.

In making an objective determination of the parties intentions the courts look at the following: The subject matter of the agreement The status of the parties to the agreement The parties relationship (e.g. business/commercial or social/family) Language used The subsequent conduct of the parties The context in which the agreement was made The correct approach is to look at all the circumstances including the context in which the agreement was formed and assess whether from an objective perspective that can be regarded as having their agreement to have legal consequences. Courts should inquire whether there was intention to enter a legally binding contract

1. Is o o o

there a contract? Agreement? Intention to be legally bound? Consideration?

o Capacity? 2. If yes, is this a contract that is subject to formalities requirements? APPLYING FORMALITIES LEGISLATION: a) Does the legislation apply to this contract? To what class/type of contracts does it apply? Is this such a contract? b) What are the formalities requirements of the legislation, and have they been followed? What requirements are imposed? Have they been observed? c) If no, what are the consequences for enforcement of the contract and for availability of non-contractual remedies? Interpreting Exclusion Clauses: Two step approach: 1. Is the exclusion clause part of the contract (incorporation of terms) o Signature or not? 2.Interpret the clause does it cover the issue in dispute? A. General approach b. Contra proferentem c. Where negligence has been excluded d. Four corners rule Statute

1. Is the contract divisible? If the contract is divisible, what is the nature of the parties obligations in respect of each divisible part of the contract? If it is not divisible, what is the nature of the parties obligations under the contract? ie do the terms require exact performance or

substantial performance? 2.Was the performance required by the contract rendered sufficiently in accordance with the contract (was it in fact entire or substantial) so as to entitle that party to payment of the contract price either for the whole of the contract or the relevant divisible part(s)? 3.If the contract price is not recoverable is other compensation possible (ie can the party recover compensation for work performed or goods supplied in restitution

Week 1: What is a Contract What is not a Contract What is Contract Law The Formation of a Contract Why do we need Contract Law Where do we find Contract Law How to create a legal argument Week 2: Agreement Assumptions Courts view on assumptions Burden of Proof The New Approach In making an objective determination Domestic/Social Relationships Commerical Agreement Coluntary Associastions Honour Clauses

Promotional Puffery or Free Gifts Ex Gratia Letter of Comfort Subject to Clauses Cluases Letters of Intent Governent Contracts Week 3: What is an offer? Bilateral Contracts Unilateral Contracts Communication of an offer Agreement without a clear offer or acceptance Ticket Cases Cross Offers When an offer is not an offer: o No intention to be legally bound o Mere puffery o Requests of Information

o Invitations to treat o Advertisements o Shop Displays o Auctions o Tenders o Automatic Ticket Machines Termination of an Offer: o Withdrawal o Options o Lapse o Death o Cross Offer o Unilateral Contracts Week 4: Certainty Statement of the Rule What is acceptance? Who can accept an offer What can be accepted Acceptance must be unqualified o Subject to Contract o Subject to Fnance Acceptance must be communicated How can an offer be stipulated? o Acceptance by Condct o Acceptance by Silence o Normal Communication Exceptions: o Stipulating a method of acceptance o Acceptance by Conduct and o Postal Rule Exceptions to this rule Certainty Completeness Courts Illusory Promises Conditional Acceptance o Subject to Contract

o Subject to Finace Accptance without offer and acceptance Agreement final poins Optional Agreements Modern Approach Week 5: NO CLASSES Week 6: What is Consideration? o General Rule WHAT ACTS OR FOREBEARANCES WILL NOT BE GOOD CONSIDERATION? Exceptions Cases related overview Rule of Consideration

Week 7: Evidence in writing Main types of Formalities Contracts of guarantee Contracts for sale of land Complying with formalities Equitable remedies: Equitable Estoppal: o Common law Estoppel o Equitable estopple Elements of equitable estoppel Differences

Week 8: Capacity

Minors Necessaries what is it? Capacity to buy and sell Sale of Goods Act 1896 (QLD) s5 Is transport a necessary Services necessary? Beneficial contracts of service Service v Trading Contracts Contracs coidable by a minor Mentally ill and drunkards PRIVITY

Some Acts

Week 9: Incorporating written terms Exceptions Incorporating oral terms Collateral contract Week 10: Express Terms Implied Terms Formal and informal Contracts Terms implied in Law Implied Duty to Operate Implied Duty of Good Faith Terms inplied by statute

Week 11: Interpretation of Terms and constructions What is Construction o Three step process Objective Approach Natural and Ordinary Meaning Holistic Approach Ambiguity Contra Preferentum Surrounding Circumstance Parol Evidence Rule Types of Terms Promissory Clauses Conditions Warranties Innominate/Intemediate Term

Contingences Exclusion Clauses Week 12: Time of Preformance Order of Preformance Performance of Contract Time of Preformance Standard of Preformance

Entire Obligations

Exceptions (1-5) Is the contract divisable? Week 13: Contract Theory Promise Theory Economic Analysis of contract law Social relation theory Critical Legal Scholarship Feminist Analysis

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6/17/2013 5:45:00 AM