LEGT 1710_Wk 5_Lecture_Slides

LEGT 1710_Wk 5_Lecture_Slides - ASSIGNMENT 1: DUE THIS WEEK...

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1 BUSINESS AND THE LAW CONTRACTS (Cont’d): WEEK 5 Capacity/Privity/Termination of contract/Remedies for breach of contract LEGT 1710: Session 2, 2010 Lecturer: Leela Cejnar 2 ASSIGNMENT 1: DUE THIS WEEK HAND TO YOUR TUTOR IN YOUR TUTORIAL CLASS INCLUDE COVER SHEET (see back of course outline) 3 ASSIGNMENT 2 Now on Blackboard – Problem question – Contract law – See Guidelines to Students (attached to the assignment) DUE WEEK 9: MONDAY 20 SEPT, 2010 by 5pm • See Course Outline at p7 (paragraph 4.4) for details about where and how to submit Assignment 2 4 ASSIGNMENT 2 Research materials: – Your starting point: • Readings on Blackboard • Paul Latimer Australian Business Law – Other research tools Focus your research on ONLINE materials • Look for Cases/Journal articles/Other materials from legal publishers that are available online through UNSW Library database • Do NOT bother the UNSW librarians unnecessarily 5 ASSIGNMENT 2 Do not plagiarise – be careful to acknowledge all source materials that you use • Provide full names for cases AND full case citations • Use footnotes • Include a bibliography at the end of your answer 6 Weeks 3 and 4: Summary Requirements for a valid contract • Intention to enter into a legally binding contract • Offer and Acceptance • Consideration or price • Legal capacity • Genuine consent • Legality of purpose • Any formal/procedural requirements must be satisfied
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7 Week 4: Summary Intention – Presumptions: • Social, Family, Domestic, Voluntary: NO INTENTION • Commercial/Business: INTENTION TO BE BOUND – Terms of a contract – Representation: • Pre-contractual negotiations – Term • Express/Implied • Condition/Warranty • Uncertain/Meaningless/Ambiguous terms • Exclusion/exemption clauses – “No liability” – Statutory exemptions (to be studied in week 9) 8 Week 4: Summary • Vitiating elements: – Mistake – Misrepresentation – Illegality – Inequality • Duress • Undue influence • Unconscionable or unfair conduct Commercial Bank of Australia v Amadio (Latimer at p 386) 9 Today’s lecture • Capacity • Privity of contract • Agency • Breach of contract • Termination of contract • Remedies for breach of contract 10 Overview - Week 5 Contract: Capacity/Privity/ Breach of contract/Remedies On completion of this week you should be able to: ü Explain the doctrine of privity of contract ü Explain the concept of “agency” ü Explain when a contract may be terminated
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LEGT 1710_Wk 5_Lecture_Slides - ASSIGNMENT 1: DUE THIS WEEK...

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