H1 Contracts Notes 2022 Full Course

Description

H1 notes for the entire semester with separate sections for weeks 1-4 about terms (incorporation, interpretation, implication), and weeks 5-12 (consumer protection terms, termination of contracts, vitiating factors). A high level overview of the structure of the topics is also included. SECTION 1 Incorporation of terms • Incorporation by signature • Incorporation by notice • Statements made during negotiation Interpretation of terms • Objective approach to look for plain meaning • Using extrinsic evidence to resolve ambiguities • Exclusion and limitation clauses Implication of terms • Implied in fact • Implied in law • Duty to cooperate • Duty to act in good faith + reasonableness SECTION 2 Terms • Unfair contract terms • Consumer guarantees Termination • Frustration • Contingent conditions • Breach Vitiating factors – making contract void or voidable • Abuse of power • Statutory unconscionable conduct • 3rd party misconduct • Illegality + public policy