CONTRACTS EXAM NOTES
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
Bilaterial? Each party undertakes to do or refrain from doing something - United Dominions Trust v Eagle Aircraft
Unilateral? Promisee does not undertake to do or refrain from doing something - Carlill v Carbolic Smoke Ball Not an offer
Mere puff
Supply of information - Harvey v Facey
Invitation to treat – indication of willingness to negotiate entry into a contract.
Ad in catalogue or cicular – Grainger v Gough
Newspaper/mag/periodical – Partridge v Crittenden
Goods in shops - Fisher v Bell
Invitation for tenders, each tender is an offer – Spencer v Harding
Unless says highest or lowest bid will be accepted - Harvella Investments v Royal Trust Company
Determine on its facts – Hughes Aircraft v Airservices Australia
Auctioneer’s request for bids (each bid is offer) – Payne v Cave
Auction w/ reserve (not entirely settled, AGC v McWhirther: wasn’t obliged to pass property down to the highest bidder, Wright v Madden QLD said must knock down to highest bidder
Internet auctions same as live – Smyth v Thomas
Ad of auction sale (withdraw without liability) – Harris v Nickerson
Passenger who boards transport – Wilkie v London
Mere statement of price IF they DECIDED to sell not an offer – Harvey v Facey
Automatic vending machines and car parks are offers – Thornton v Shoe Lane Parking
Options: Consideration must be provided to keep the offer open and offer cannot be withdrawn in period - Gilbert McCaul v Pitt Club
Was the offer communicated?
To be valid offer
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
Bilaterial? Each party undertakes to do or refrain from doing something - United Dominions Trust v Eagle Aircraft
Unilateral? Promisee does not undertake to do or refrain from doing something - Carlill v Carbolic Smoke Ball Not an offer
Mere puff
Supply of information - Harvey v Facey
Invitation to treat – indication of willingness to negotiate entry into a contract.
Ad in catalogue or cicular – Grainger v Gough
Newspaper/mag/periodical – Partridge v Crittenden
Goods in shops - Fisher v Bell
Invitation for tenders, each tender is an offer – Spencer v Harding
Unless says highest or lowest bid will be accepted - Harvella Investments v Royal Trust Company
Determine on its facts – Hughes Aircraft v Airservices Australia
Auctioneer’s request for bids (each bid is offer) – Payne v Cave
Auction w/ reserve (not entirely settled, AGC v McWhirther: wasn’t obliged to pass property down to the highest bidder, Wright v Madden QLD said must knock down to highest bidder
Internet auctions same as live – Smyth v Thomas
Ad of auction sale (withdraw without liability) – Harris v Nickerson
Passenger who boards transport – Wilkie v London
Mere statement of price IF they DECIDED to sell not an offer – Harvey v Facey
Automatic vending machines and car parks are offers – Thornton v Shoe Lane Parking
Options: Consideration must be provided to keep the offer open and offer cannot be withdrawn in period - Gilbert McCaul v Pitt Club
Was the offer communicated?
To be valid offer