Should Australian Contract Law Be Sufficient Consideration?
ESSAY PLAN
Assignment Topic Semester Two 2013
‘Consideration does not have to be adequate or commercially realistic, nor does it need to be expressed in monetary terms, it merely needs to be “sufficient”.’
Discuss the accuracy of this statement.
Your answer should include a detailed explanation of “nominal” consideration and “sufficient” consideration and how these legal concept interact in situations like that in Williams v Roffey Bros & Nicholls (Contractors) Ltd [1991] 1 QB 1. Your answer should also discuss whether Australian contract law should (or should not) provide greater clarity as to what is (or is not) sufficient consideration.
ESSAY STRUCTURE :
INTRODUCTION
BODY
CONCLUSION
BIBLIOGRAPHY
Minimum 12 …show more content…
‘The Scope and Limitations of the Doctrine of Misleading or Deceptive Conduct In the Context of Guarantees: Some perspectives and uncertainties’ (2006) 3 Macquarie Journal of Business Law 79 at 2 September 2009 Cromwell-Jones, J. ‘Breach of contract and Misleading Conduct : A Storm in A Teacup?’ (2000) Melbourne University Law Review 10 http://www.austlii.edu.au/au/journals/MULR/2000/10.htm at 25 August 2009l
Seah, W. ‘Unfulfilled Promissory Contractual Terms and Section 52 of the Australian Trade Practices Act’ (2000) 7(3) Murdoch University Electronic Journal of Law at 21 August 2009
Case Law
Concrete Constructions (NSW) Pty Ltd v Nelson (1990) 169 CLR 594
Taco Co of Aust v Taco Bell Pty Ltd (1982) 42 ALR 177 McWilliam’s Wines Pty Ltd v McDonalds System of Aust Pty Ltd (1980)33 ALR 394
Accounting Systems 2000(Developments) Pty Ltd v CCH Aust Ltd (1993) 114 ALR 355
QDSV Holdings Pty Ltd v TPC (1995) 131 ALR 493
Henjo Investments Pty Ltd v Collins Marrickville Pty Ltd (1988) 39 FCR 546
General Newspapers Pty Ltd v Telstra Corporation (1993) 45 FCR 164
Budget Rent A Car System Pty Ltd v Dewhirst (1984) ATPR 40-485
Legislation
Trade Practices Act 1974 (Cth) s 2 and s 52
Other
Assignment Topic Semester Two 2013
‘Consideration does not have to be adequate or commercially realistic, nor does it need to be expressed in monetary terms, it merely needs to be “sufficient”.’
Discuss the accuracy of this statement.
Your answer should include a detailed explanation of “nominal” consideration and “sufficient” consideration and how these legal concept interact in situations like that in Williams v Roffey Bros & Nicholls (Contractors) Ltd [1991] 1 QB 1. Your answer should also discuss whether Australian contract law should (or should not) provide greater clarity as to what is (or is not) sufficient consideration.
ESSAY STRUCTURE :
INTRODUCTION
BODY
CONCLUSION
BIBLIOGRAPHY
Minimum 12 …show more content…
‘The Scope and Limitations of the Doctrine of Misleading or Deceptive Conduct In the Context of Guarantees: Some perspectives and uncertainties’ (2006) 3 Macquarie Journal of Business Law 79 at 2 September 2009 Cromwell-Jones, J. ‘Breach of contract and Misleading Conduct : A Storm in A Teacup?’ (2000) Melbourne University Law Review 10 http://www.austlii.edu.au/au/journals/MULR/2000/10.htm at 25 August 2009l
Seah, W. ‘Unfulfilled Promissory Contractual Terms and Section 52 of the Australian Trade Practices Act’ (2000) 7(3) Murdoch University Electronic Journal of Law at 21 August 2009
Case Law
Concrete Constructions (NSW) Pty Ltd v Nelson (1990) 169 CLR 594
Taco Co of Aust v Taco Bell Pty Ltd (1982) 42 ALR 177 McWilliam’s Wines Pty Ltd v McDonalds System of Aust Pty Ltd (1980)33 ALR 394
Accounting Systems 2000(Developments) Pty Ltd v CCH Aust Ltd (1993) 114 ALR 355
QDSV Holdings Pty Ltd v TPC (1995) 131 ALR 493
Henjo Investments Pty Ltd v Collins Marrickville Pty Ltd (1988) 39 FCR 546
General Newspapers Pty Ltd v Telstra Corporation (1993) 45 FCR 164
Budget Rent A Car System Pty Ltd v Dewhirst (1984) ATPR 40-485
Legislation
Trade Practices Act 1974 (Cth) s 2 and s 52
Other