Contract law note

Description

I used this note for my midterm and exam. It includes essay prompts according to the topic successfully predicted one of the essay questions in my exam. Additionally, my notes are organized in a hypothetical format, facilitating step-by-step responses to hypothetical questions, and include all relevant footnotes. Topic include: Introduction Incorporation of Terms -Interpretation of Terms -Implied Terms Does X form part of a contract between A and B? Rectification (Mistake) Ratification of common mistake only apply to the terms of the contract ( simic) Rectified for unilateral mistake? (Leibler) Unfair term Has the contract been terminated? Termination by consent Termination by frustration In common law Can A or B obtain a remedy under the ACL &Fair Trade Act 2012 ( vic)? Terminated by non-fulfillment for a condition? Contract terminated by breach? Has A committed a breach, so B can terminate? Repudiation Late perfromance Is B prevented from terminating? Vitiating factors Mistake common mistake? Make the same mistake at the time of K formation Equity to Common mistake: unilateral mistake? ( shared) Duress Duress to the person Duress to goods Other illegitimate pressure Undue influence Class 1: actual undue influence Class 2: Presumed undue influence Unconscionable dealing Third party misconduct 5. Special equity Illegality Contracts associate with unlawful purpose COntracts against public policy 5. restraint of trade clause Remedy Consumer guarantee Can A obtain a remedy under statute for breach of consumer guarnatee? Unconscionable conduct under statute Can A obtain a remedy under statute for unconscionable conduct?