LEGT1710, Week 5 Lecture

Know what you have signed read what you sign before

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Unformatted text preview: CAREFUL…you are bound by what you sign, even if you do not know what you have signed • READ what you sign BEFORE you sign it • Signing = evidence you intend to be bound! Cases: Thompson v London, Midland & Scottish Railway Co eBay International AG v Creative Festival Entertainment Pty Ltd See Latimer at ¶6-210 Case: L’Estrange v Graucob Ltd See Latimer at ¶6-190 Olley v Marlborough Court Ltd Balmain New Ferry Co Ltd v Robertson See Latimer at ¶6-220 9 10 Week 4: Summary Week 4: Summary • • Terms, including exclusion clauses, may not be binding unless properly incorporated into a contract Cases: Parker v South Eastern Railway Co Curtis v Chemical Cleaning and Dyeing Co Causer v Browne See Latimer at ¶6-200 How to interpret exclusion clauses: The ambiguity rule (or the contra proferentem rule): The negligence rule The ‘four corners’ rule Look at what the main contract says Cases: White v John Warwick & Co Ltd Bright v Sampson and Duncan Enterprises Pty Ltd Sydney County Council v West Thomas National Transport (Melb) Pty Ltd v May & Baker (Aust) Pty Ltd Darlington Futures Ltd v Delco Australia Pty Ltd See Latimer ¶6-240 11 12 Week 4: Summary Week 4: Summary Statutory modifications Changing the terms of a contract • Terms of an existing contract may be changed by: • Some statutory provisions may render an exclusion/exemption clause ineffective, particularly legislation dealing with: Completely discharging existing contract and substituting with new contract. Leaving existing contract in place but adding new terms or changing some of the terms: BUT this can only happen with the full agreement of all the parties. Consumer Protection Sale of Goods See Latimer at ¶6-250 Insurance See Latimer at ¶6-250 13 14 Overview - Week 5 Today’s lecture • • Capacity/Privity/Vitiating Elements How to answer a legal problem Requirements for a valid contract (cont’d) On completion of this week you should be able to: Identify key steps to be followed when answering a legal problem Explain what it means to have ‘capacity’ (or to consent) to enter into contractual relations Explain the doctrine of privity of contract Explain the concept of “agency” Identify different vitiating elements and their effect on a contract (eg mistake, misrepresentation, unconscionable conduct etc) Capacity Consent Proper form • Privity of contract • Vitiating elements Agency: the exception to Privity Mistake Misrepresentation Illegality Inequality between the parties Unconscionable conduct (Commercial Bank v A...
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