Extensive HD Contracts Notes

Description

These notes were the key reason I was able to get a High Distinction in Contracts as they allowed me to come into the final 12-hour exam prepared with key cases and information needed to do the very best. There are 52,882 words in this document and while this may seem unnecessary, it is effectively organised with a Table of Contents, which will allow you to quickly look through and find the relevant sections. These notes have key cases and detailed explanations of what occurred and the relevant rationale. They are derived from not only the lecture and textbook but also a range of other sources provided to us by the subject coordinators, including outlines of cases and principles.
 This will ensure you are effectively prepared for the quizzes and the final exam. These notes consist of the following topics: Topic 1: Contract Formation 4 1. Agreement 4 2. Consideration 25 3. Intention to Create Legal Relations 39 4. Certainty 49 5. Formalities/ Past Performance 64 Topic 2: Parties 85 1. Capacity 86 2. Privity 88 Topic 3: Terms of the Contract 96 1. Express Terms 96 2. Construing Terms 125 3. Implied Terms (Gap – Fillings) 132 Topic 4: Termination 146 1. Discharge By Performance 147 2. Termination By Agreement 148 3. Termination for Breach 152 4. Termination for Delay 160 5. Termination for Repudiation 162 6. Discharge By Frustration 166 Topic 5: Vitiating Factors 176 1. Misinformation 177 - Misrepresentation 177 - Australian Consumer Law s 18 185 - Mistake 198 2. Abuse of Power 203 - Duress 203 - Undue Influence 208 - Unconscionable Conduct 216 - Statutory Unconscionable Conduct 221 - Third-Party Impropriety 222 - Wives’ Equity 223 Topic 6: Remedies 227 1. Termination/Recession 227 2. Election 229 3. Actions for Debt 233