Defining a Contract
Types of Contracts
2.1 Simple Contracts
2.2 Written Contract Requirements
2.3 Contracts by Deed
2.4 Extended Claim Period for Contracts By Deed
Offer
1.1 Expression of Willingness
1.2 Specificity and Exactitude of Terms
1.3 Offer Notification to The Offeree
1.4 Communications Not Constituting an Offer
Discontinuation Of an Offer
2.1 Withdrawal by The Offeror
2.2 Offer Termination by Offeree
Defining Acceptance
3.1 Eligibility for Acceptance
3.2 Awareness of Offer For Acceptance
3.3 Selecting the Mode of Acceptance
3.4 Acceptance in Unilateral Contracts
3.5 Communication of Acceptance
3.6 Conduct as a Form of Acceptance
3.7 Effectiveness of Acceptance via Post - The Postal Rule
3.8 Navigating the 'Battle of The Forms’
Presumed Intentions Based on Party Relationships
1.1 In Domestic Contexts
1.2 Legal Aspects of Social Arrangements
1.3 Assessing Intent in Commercial Engagements
Legal Capacity for Contractual Agreements
2.1 Legal Position of Minors (Individuals Under 18 Years)
2.2 Understanding Contracts with Mental Capacity Considerations
2.3 Contractual Validity in Cases of Intoxication
2.4 Contractual Authority of Incorporated Companies
Distinction Between Executed and Executory Consideration
The Necessity of Consideration From The Promisee
Legal Sufficiency Versus Adequacy of Consideration
3.1 The Concept of Illusory Consideration
Consideration and The Performance of An Existing Duty
4.1 Fulfilling an Existing Contractual Obligation to The Promisor
4.2 Consideration Involving Performance of A Duty Owed to a Third Party
4.3 Consideration and Statutory Duties
Past Consideration
5.1 The Exception of Implied Understanding for Past Consideration
The Principle of Partial Debt Settlement
6.1 Recognised Exceptions
The Doctrine of Promissory Estoppel
Legal Exceptions Under Statute
1.1 The Contracts (Rights of Third Parties) Act 1999 And Its Impact on Privity
1.2 Limitations of The Contracts (Rights of Third Parties) Act 1999 (CRTPA)
1.3 Modifying Contracts With Third-Party Rights Under CRTPA
Refinements to The Privity Doctrine in Common Law
2.1 Agency and Its Relationship to Privity
2.2 Assignment of Contractual Rights
2.3 The Legal Doctrine of Subrogation
2.4 The Concept of Collateral Contracts
2.5 Utilisation of Trusts to Circumvent Privity Issues
Categories of Contract Terms
Comparing Terms with Representations
2.1 Assessing If a Statement Is a Term or Representation
2.2 Significance of Differentiating Between Terms and Representations
Categorising Contract Terms: Conditions And Warranties
3.1 Conditions in Contracts
3.2 The Role of Warranties in Contractual Agreements
3.3 Understanding Innominate Terms in Contracts
3.4 The Concept of 'Time Is of The Essence' in Contracts
Inclusion of Express Terms in Contracts
4.1 The Process of Incorporating Terms into Contracts
4.2 Understanding the Parol Evidence Rule
4.3 Significance of The Entire Agreement Clause in Contracts
Integrating Implied Terms into Contracts
5.1 Statutorily Implied Terms
5.2 Key Aspects of The Sale of Goods Act 1979
5.3 The Role of The Supply of Goods and Services Act 1982 in Contractual Agreements
5.4 Overview of The Consumer Rights Act 2015
5.5 The Role of Courts in Implied Terms
5.6 Implied Terms Based on Industry Customs
5.7 Implied Terms From Previous Dealings
Addressing Incomplete Agreements And Ambiguous Terms
6.1 Instances of Non-Intervention by Courts
6.2 Judicial Intervention in Contractual Uncertainties
Integrating Exclusion Clauses Into a Contract
1.1 Incorporation Through Signature
1.2 Incorporation by Providing Notice
1.3 Incorporation of Terms Via Industry Custom and Past Dealings
Interpretation of Exclusion Clauses
2.1 Clarity And Precision in Exclusion Clause Wording
2.2 Application of The Contra Proferentem Rule
Overview of The Unfair Contract Terms Act 1977
3.1 Assessing Reasonableness Under the Unfair Contract Terms Act 1977
3.2 Practical Application of Reasonableness in Contractual Clauses
The Consumer Rights Act 2015 And Its Application
4.1 Definition of a ‘Trader'
4.2 Definition of a ‘Consumer'
4.3 Terms Prohibited by The Consumer Rights Act 2015
4.4 Definition of An Unfair Term
4.5 Requirement for Transparency And Legibility
4.6 Consequences of Having an Unfair Term in a Contract
4.7 Identifying Potentially Unfair Terms
4.8 Exemptions From the Fairness Test
Differentiating Between Void and Voidable Contracts
1.1 The Nature Of a Void Contract
1.2 Understanding Voidable Contracts
The Impact of Mistake on Contract Validity
2.1 Common or Identical Mistake
2.2 Mutual Mistake
2.3 The Concept of Unilateral Mistake
2.4 Mistake Regarding Identity In Contracts
2.5 The Doctrine of Non Est Factum
2.6 The Process of Contract Rectification
Duress In Contract Law
3.1 The Requirement of Illegitimate Pressure
3.2 Duress Involving Physical Threats
3.3 Duress Related to Goods
3.4 Understanding Economic Duress in Contract Law
The Doctrine of Undue Influence
4.1 Differentiating from Duress
4.2 Requirements for Establishing Undue Influence
4.3 Undue Influence Exerted by a Third Party
Voidness of Contracts Due to Illegality or Contravention of Public Policy
5.1 Contracts Inherently Illegal
5.2 Contracts Rendered Illegal During Execution
5.3 Classifications of Illegality in Contractual Agreements
5.4 The Doctrine of Restraint of Trade
5.5 Voidness of Anti-Competitive Agreements
Criteria For a Misrepresentation Claim
1.1 Directing the Statement to the Innocent Party
1.2 Key Requirements for Establishing Misrepresentation
1.3 Differentiating Between Representation and Contractual Term
1.4 The Role of Inducement in Misrepresentation
Classification of Misrepresentation in Contract Law
2.1 Fraudulent Misrepresentation
2.2 Negligent Misrepresentation
2.3 Innocent Misrepresentation
Available Remedies for Misrepresentation
3.1 The Contract Becomes Voidable
3.2 The Process and Implications of Rescission in Misrepresentation Cases
3.3 Limitations on the Right to Rescission in Misrepresentation Cases
3.4 Damages as a Remedy for Misrepresentation
Exclusion Clauses in the Context of Misrepresentation
Discharge of a Contract by Agreement
1.1 Situations with Unperformed Obligations
1.2 Discharge of Contract When One Party Has Fully Performed
Variation of Contracts
2.1 The Doctrine of Waiver in Contract Variation
2.2 Implied Variation or Waiver in Contracts
Completion of Contractual Obligations
3.1 Consideration of Substantial Performance
3.2 Application to Divisible Contracts
3.3 Handling Partial Performance
3.4 Impediments to Performance
Contractual Breach and Its Implications
4.1 Differentiating Between Termination for Breach and Rescission of a Voidable Contract
4.2 Confirmation after Breach
4.3 Breach at the Time of Performance
4.4 Preemptive Breach
Contract Frustration and Its Criteria
5.1 Criteria for Frustration
5.2 Factors That Do Not Lead to Contract Frustration
5.3 Effect of Frustration on Contractual Obligations
5.4 Law Reform (Frustrated Contracts) Act 1943 (LRFCA)
5.5 Use of Force Majeure Clauses in Contracts
Financial Remedies in Contract Breach
1.1 Varieties of Damages
1.2 Assessment of Damages: Timing and Considerations
1.3 Remoteness Principle in Contract Damages
1.4 Causation in Contract Breach and Liability for Losses
1.5 Contributory Negligence in Contract Law
1.6 Calculating Damages for Expectation Interest
1.7 Duty to Mitigate Losses in Contract Breaches
1.8 Liquidated Damages and Penalty Clauses in Contracts
1.9 Indemnities and Guarantees in Contractual Agreements
Debt Claims in Contractual Agreements
Equitable Remedies Overview
3.1 Specific Performance Explained
3.2 Injunctions in Contract Law
3.3 Rescission and Its Grounds
3.4 Defending Against Equitable Remedies
Restitutionary Remedies Explained
4.1 Requirements for Restitutionary Remedies
4.2 Instances of Unjust Enrichment
4.3 Forms of Restitutionary Remedies
4.4 Account of Profits