Contract Law

Description

4103 Contract Law Includes case notes, step by steps and authorities. Identifying the Parties and Privity of Contract 3 The Privity Rule 3 Exceptions to Privity Rule 3 Avoidance of Privity Rule 3 Incorporation of Express Terms of the Contract 4 Identifying Contractual Terms 4 Parol Evidence Rule 5 Signed Documents 6 1. By Signature 6 Unsigned Documents 6 2. By Notice or Ticket 6 3. Incorporation by a course of dealing 6 Steps 7 Contracts Wholly In Writing and The Parol Evidence Rule 7 Exception to Rule 7 Statutory Consumer Protection and Exclusion Clauses 8 Construction of the Express Terms of the Contract 8 Construction of Exclusion Clauses 9 1. Contra Proferentem Rule 9 2. Fundamental Breach Rule 9 3. Four Corners Rule 9 4. Main Purpose Rule 10 5. Deviation Rule 10 Steps 10 Implied Terms 11 1. Terms Implied In Fact 11 2. Terms Implied By Law 11 3. Terms Implied By Custom 12 4. Implied Duties Of Good Faith In Australia 12 5. Terms Implied By Statute And Consumer Guarantees 12 Discharge of Contract 13 1. Discharge By Agreement 13 Contingent Terms 14 2. Discharge By Performance 15 Doctrine of Substantial Performance 16 3. Discharge For Breach And Repudiation 16 Condition or Essential Term 17 Non- Essential Terms 17 Termination for Repudiation 18 1. Express Refusal to Perform 18 2. Implied Refusal to Perform 19 3. Unreasonable Delay 19 4. Wrongful Termination 19 5. Inability to Perform 20 4. The Election To Terminate Or Affirm And Remedial Consequences 21 Wrongful Termination 22 Election to Affirm 22 Claims On The Contract And In Unjust Enrichment 23 Recovery Of Sums Fixed By The Contract 23 Claims In Unjust Enrichment 24 1. Recovery of Money Paid for Total Failure of Consideration 24 2. Recovery of Fair Remuneration and Fair Value (Quantum Meruit) 25 Unforeseen Supervening Events 27 Frustration 27 Vitiating Factors 31 Misrepresentation At Law And In Equity 31 Rescission And Bars To Rescission 32 The Action For Misleading Or Deceptive Conduct 33