Contract Law Semester One - elements of a contr...
Contract Law-Contract Law Semester One - elements of a contract; terms;exclusion clauses; doctrine of privity
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Contract Master Notes THE ELEMENTS OF A CONTRACT The elements of a valid (legally enforceable) contract are: o o o o o o OFFER ACCEPTANCE CONSIDERATION INTENTION TO BE LEGALLY BOUND CAPACITY LEGALITY
OFFER +ACCEPTANCE = AGREEMENT. Questions to ask in the exam: 1. "Is there a valid contract " 2. "What are the express and implied terms of the contract " 3. "Have any of the terms been breached " and if so, "what is the effect of the breach " THE OFFER Person making the offer = "Offeror". Person receiving the offer = "Offeree". What is an offer An indication by one party to another, of their willingness to be bound into contract on particular terms without further negotiation (Harvey v Facey; Australian Woollen Mills Pty Ltd) Offers must also be "promissory"- often a promise to do or refrain from doing something. Gives rise to an obligation. Offers to the world at large may be ...
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