Contract = an agreement between two or more persons which will be enforced by a court of law *Action for breach of contract is part of common (judge-made) law *Essence of contract law is to protect the bargain bw 2 parties *Must not engage in conduct that is misleading‚ unconscionable and unfair. 1. Formal contracts Contracts of record (court records) Contracts under seal (ie deeds‚ gratuitous comments) 2. Simple contracts In writing Evidenced in writing No requirements SIMPLE ROADMAP Intention
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Commercial Law Questions 1 What is meant by the terms "void" and "Voidable"- give examples quoting relevant case law. Void = is where there is no contract and never did exist in the first place‚ and a third party has no rights at all under a void contract. Case law: J Loudon & Co v Elder’s Curator Bonis. Voidable = is where a contract is valid until the court sets it aside‚ and a third party has good title if contracted before the contract being set aside or reduced by the courts. (The timing
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Commercial law 09/09/13 There are 2 essays (50% each) no exam. The main focus are: goods acts‚ mains kind of dispute in transaction‚ property (real owner)‚ title‚ damages on goods or late delivery of the goods. I. Introduction: Definition of Contract of Sale of Goods‚ Formalities A) The sales of goods acts Goods Acts In Ireland‚ sales of good is contained is the sales of goods Act 1893. Act of the british Ireland. It was replaced by the sales of good act of 1980‚ which is
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Multi sport holdings ltd * Applications e.g. The burden of using helmets was significant * Conclusion e.g. there is no breach Law of Contract Terms of the contract * Express terms * Terms stated and agreed to by parties * In simple cases‚ terms stated in offer * Eg‚ $ reward for cat * Major commercial contracts require signs from both parties. * Contract contains most terms * But‚ only needs to be written when statute
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Contracts (C3‚ pg 58) |Nature of contract |- Legal relationship consisting of the right and promises constituting an agreement between the parties that give each party a legal | | |duty to the other and also the right to seek for breach of those duties | | |- Consensus ad idem (meeting of minds); what the parties agree on must be clear and unambiguous and parties must be ad idem. |
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for $490 would take delivery 7 days later. HERE THERE IS AN OFFER AND ACCEPTANCE... AGREEMENT IS PRESENT... IS THERE CONSIDERATION? YES‚ EXECUTORY. THERE IS AN EXCHANGE OF PROMISES... A BENEFIT FOR BOTH PARTIES – THERE IS ALSO INTENTION AS IT IS A COMMERCIAL AGREEMENT – EDWARTD V SKYWAYS - When Dim came to pay and collect the oven 7 days later‚ Siti refused to hand over the oven telling hthat the price was now $550. Dim called Siti a cheat and wants to sue her. SITI IS IN BREACH OF CONTRACT Advise
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EUROPEAN LAW REVISION NOTES BACKGROUND INFORMATION The UK joined the EU in 1973. Originally sent up following World War 2‚ the EU was an attempt by many western European countries to rebuild their economies by working closely together. The idea was that they would be more prosperous when working together. The countries then decided that they would share a common framework of laws in the areas of employment and the trading of goods and services between the countries. Now EU Laws cover other
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Lecture 2 : Jurisdiction to Tax Taxable Income Tax Payable [s4-10 ITAA97] : (Taxable income x Tax Rate) – Tax Offsets Financial Year 1 July : 30 June Tax Offsets [s13-1 ITAA97] Social security benefits Dividends (franking credits) etc Taxable Income [s4-15 ITAA97] : (Assessable Income – Deductions) Assessable Income [s6-1] compromises Ordinary Income [s6-5] and Statutory Income [s6-10] but not Exempt Income [s6-15] Deductions include General Deductions [s8-1] and Specific Deductions
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COMMERICAL LAW EXAM Agency Definition Agency may be defined as a relationship between the principal (P) and the agent (A) whereby A has the authority to create a legal relationship between P and the third party (T). The purpose of agency is that two people can enter a valid contract with one another without having to deal with each other personally. Instead‚ the contract or other transaction is brought about through A who when dealing with T acts or purports to act‚ on behalf of P. Authority
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Discussion Question 1. On 1 Jan 2009 a V and P entered a standard form contract for sale of property in SYD‚ with special condition that the “sale is subject to P completing the sale of his existing home in Brisbane by 1 June 2009” but no time for completion is specified and clause 29 of 2005 Standard Form is deleted. (Standard Form: completed with in 42 days of existing contract/ exchange of contract? Hence the qtn scenario means it’ll be deleted.) Is there a binding contract for SYD before
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