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Nov 23, 1993 · In common law, there are 3 basic essentials to the creation of a contract: (i) agreement; (ii) contractual intention; and (iii) consideration. The first requisite of a contract is that the parties should have reached agreement.
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contract is nothing more than an agreement between two or more people that each will do something in exchange for receiving something. Regardless of whether a contract has hundreds of pages of fine print or consists of a few words and a handshake, there are four broad categories of legal issues that come up again and again. Contract Formation
The purpose of the guide is to take you through each topic in the syllabus for Contract law in a way which will help you to understand contract law. The guide is intended to ‘wrap around’ the recommended textbooks and casebook. It provides an outline of the major issues presented in this subject.
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- P R I N C I P L E S A N D C O N T E X T
- CONTENTS
- Chapter 1 Some basic questions
- Chapter 2 Themes and perspectives
- Chapter 4 Preparing to make a contract
- Chapter 5 Formation
- Chapter 6 Preliminary agreements
- PART III
- Chapter 10 Interpreting contracts
- Chapter 11 Limiting or extending liability
- Chapter 13 Varying terms
- PART V
- Chapter 16 Termination of contracts
- PART VII
- PREFACE
Contract Law: Principles and Context presents the development of contract law through a considered selection of cases that are both authoritative and used as factual examples to explain the law. The text introduces readers to the nature and range of contracts, the process for making a contract, rights and duties, adjustments to contracts, vitiating...
Preface Table of cases Table of statutes Acknowledgements PART I
What is a contract? Why should promises be enforced? How and when did contract law develop? What are the sources of contract law? What are the boundaries of contract law? A law of contract or a law of contracts? How is this book organised?
Contracts in practice: inequality of bargaining power Contracts in practice: the (ir)relevance of contract law From freedom of contract to welfarism From doctrine to discretion From paper to smart contracts: the rise of e-commerce Codification and harmonisation Theoretical and critical analysis
Preparing and settling the terms Obligations to disclose information Other regulation of pre-contractual conduct Anticipated contracts that fail to materialise
Introduction Intention to create legal relations Establishing agreement Conditional contracts Consideration Certainty and completeness Capacity Formalities Vitiating factors
Introduction A question of intention Agreements to negotiate
Conferring a benefit on a third party Imposing a burden on a third party Reform of the privity doctrine
How courts ascertain meaning Admissible evidence in interpretation disputes Principles of interpretation
The nature and use of exemption clauses Interpreting and applying exemption clauses Statutory controls on exemption clauses Guarantees Indemnities
How contracts can be varied The requirement for fresh consideration Policing variations Estoppel and waiver Rectification Statutory powers of variation
Introduction Defining frustration Examples of frustration Limits on frustration The effects of frustration Is the doctrine of frustration unsatisfactory?
How and why contracts can end Termination for non-performance: common law rights Express rights to terminate Implied rights to terminate without cause Exercising a right to terminate Termination by agreement
Introduction Statutory illegality Public policy and the ex turpi causa principle Restraint of trade
It is hard to think of a more foundational legal subject than contract law. Most forms of legal practice involve advising on issues or disputes involving contracts – which is precisely why it is a compulsory area of study in any law degree (and often business degrees as well). But more than that, contracts are central to modern life. For most of us...
An agreement creating obligations enforceable by law. The basic elements of a contract are mutual assent, consideration, capacity, and legality. In some states, the element of consideration can be satisfied by a valid substitute. Possible remedies for breach of contract include general
inter-relationship of rights and duties. More specifically, one of the most controversial features of the common law of contract, consideration, is rooted in the idea that parties’ respective contractual obligations and benefits must be related to one another in sense that they were exchange.
People also ask
What are the basic elements of a contract?
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Here are some elements commonly found in most contracts: Title. Identification of the Parties. Definitions. Content. Titles serve the obvious purpose of providing a way to reference the agreement, or parts of an agreement. More specificity is desirable if the agreement consists of many documents.
