LAWS1017 – CONTRACTS I – CASE SUMMARIES SESSION ONE – 2004 1 OFFER Gibson v Manchester City Council Carlill v Carbolic Smoke Ball Co MacRobertson Miller Airline Services v Commissioner of State Taxation Australian Woollen Mills Pty Ltd v Commonwealth Offers distinguished from Invitations to Treat Pharmaceutical Society of Great Britain v Boots Cash Chemists Ltd Revocation of an Offer Goldsborough‚ Mort & Co v Quinn Mobil Oil Australia Ltd v Wellcome International Pty Ltd ACCEPTANCE Relationship
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The Law of obligations and contracts is a the body of rules which deals with the nature and sources of obligations and the rights and duties arising from agreements and the particular contracts. Obligation latin word obligation meaning tying or binding; Juridical necessity to give to do or not to do. Requisites of an obligation 1) Passive subject; debtor‚ obligor 2) Active subject; creditor or oblige 3) Object or prestation‚ subject matter of obligation 4) Juridical tie; efficient
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Contracts Contracts are an important part of everyday life. They are an essential part of business. As a student of a business law class‚ I will discuss in this paper several aspects of contracts. This paper will give a definition of a contract and the essential elements necessary to form a valid contract. It will briefly discuss breach of contract and the difference between a material breach and a nonmaterial breach of contract. Examples of legal and equitable remedies available for breach
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MIGHT CHANGE IN MODERN POLITICS BE JUSTIFIED BY THE SOCIAL CONTRACT? DISCUSS WITH REFERENCE TO THINKERS EXAMINED IN THIS UNIT Modern politics governments differ from state to state based on their constitutions. The origins of some of these constitutions are somewhat unclear and my essay will attempt to shed light on what foundations they might have been built. I will give Thomas Hobbes definition of man in the ‘the state of nature’ and the transformation from this state to society‚ with differing
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Contracts Exam Notes Monika Petrusevska + Kieran Paskin 2012 The 17th day of the 6th month in the 2013th year IS THERE AN AGREEMENT (Satisfy the three elements) Offer and acceptance between more than 2 parties - Clarke v Dunraven May be necessary to look at whole course of dealings - Empirnall Holdings v Machon Was there an offer? – Step 1: Define + State what type of contract Expression to another of willingness to be legally bound by terms – Australian Woollen Mills v Commonwealth
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exchange for the other party’s consideration (quid pro quo). If it isn’t it is more likely a gratuitous promise Seppelt & Sons v Commissioner The use of the word “offer” is not conclusive Carlill v Carbolic An offer can be made to the whole world. Unilateral offers may require communication of the acceptance after the consideration Felthouse v Bindley Silence is not acceptance Empirnall Holdings v Machon Where an offeree‚ with a reasonable opportunity to reject the offer of goods or services‚ takes
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PRINCIPLES OF ENGLISH CONTRACT LAW Prepared by lawyers from www.a4id.org TABLE OF CONTENTS I FORMATION OF A CONTRACT A. OFFER B. ACCEPTANCE C. CONSIDERATION D. CONTRACTUAL INTENTION E. FORM II CONTENTS OF A CONTRACT A. EXPRESS TERMS B. IMPLIED TERMS III THE END OF A CONTRACT – EXPIRATION‚ TERMINATION‚ VITIATION‚ FRUSTRATION A EXPIRATION B TERMINATION C VITIATION D FRUSTRATION VI DAMAGES / REMEDIES BASIC PRINCIPLES OF ENGLISH CONTRACT LAW INTRODUCTION
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that exists between two persons‚ when one‚ called the agent‚ is considered in law to represent the other‚ called the principal‚ in such a way as to be able to affect the principal ’s legal position in respect of strangers to the relationship by the making of contracts or the [sale or purchase] of property." So‚ an agent is someone who represents another‚ called the principal‚ in dealings with third persons. Agency is therefore an exception to the general rule of contract law that only the parties
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Part A A contract may be discharged or brought to an end at any time after formation and there are several ways in which this can happen. One party may avoid a contract – for example‚ for unconscionable conduct by the other; one party may terminate the contract before performance is complete – for example‚ for breach; or the contract may be performed to the satisfaction of the parties. The contract of sale that takes place at a supermarket checkout is for all purposes completed at the time
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Formation of Contract 2 Offer ............................................................................................................... 2 Acceptance ................................................................................................... 4 Certainty ........................................................................................................5 Consideration ............................................................................................... 6
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