Contract. Contents

INTRODUCTION

Chapter 1. INTRODUCTION TO THE FORMATION OF CONTRACT

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

Chapter 2. AGREEMENT

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’

Chapter 3. LEGAL INTENT AND CAPACITY IN CONTRACT FORMATION

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

Chapter 4. THE PRINCIPLE OF CONSIDERATION

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

Chapter 5. THE DOCTRINE OF PRIVITY OF CONTRACT

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

Chapter 6. OUTLINING THE TERMS OF A CONTRACT

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

Chapter 7. THE LEGAL FRAMEWORK OF EXCLUSION CLAUSES

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

Chapter 8. VITIATING FACTORS AFFECTING CONTRACT VALIDITY

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

Chapter 9. MISREPRESENTATION IN CONTRACT LAW

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

Chapter 10. DISCHARGE AND VARIATION OF CONTRACTS

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

Chapter 11. REMEDIES FOR CONTRACT BREACH: FINANCIAL COMPENSATION

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

CONCLUSION

REFERENCES

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