Lecture 4 BFA601 Semester 1 2018.pptx

Waltons behaviour was unconscionable and that as a

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Waltons’ behaviour was unconscionable and that as a result of that behaviour Maher had suffered detriment while relying upon the assumption that Waltons had created – and, that relying upon the assumption was, in the circumstances, reasonable. Thus, equitable estoppel arises for Maher. BFA601 Semester 1 2018 27
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BFA506 Semester 1 2016 28 Promissory Estoppel What you need to prove … Assumption Responsibility Reliance Intention Detriment No Steps The promisee (P) assumed a particular legal relationship with D D was responsible for that assumption P acted or refrained from acting on the basis of that assumption D intended P to so act P will suffer loss if P’s assumption or expectation is not fulfilled D has taken no steps to warn P that D may not “deliver
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© 014 Reed International Books Australia Pty Limited trading as LexisNexis Some contracts are specialised for the industry they operate in Contracts for the sale real estate 3 Contracts for the sale of a business 3 Partnership agreements, joint venture agreements and trusts SPECIALISED COMMERCIAL CONTRACTS Types of commercial contracts (3.39) SPECIALISED COMMERCIAL CONTRACTS Types of commercial contracts (3.39)
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© 014 Reed International Books Australia Pty Limited trading as LexisNexis Franchises are agreements between the franchise owner and those who use the ‘method’ created. Franchise agreements are regulated by the Franchise code under the Competition and Consumer (Industry Code) SPECIALISED COMMERCIAL CONTRACTS Franchise agreements (3.80) SPECIALISED COMMERCIAL CONTRACTS Franchise agreements (3.80)
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© 014 Reed International Books Australia Pty Limited trading as LexisNexis Leases Hire purchase Chattel mortgages SPECIALISED COMMERCIAL CONTRACTS Special contracts (3.44) SPECIALISED COMMERCIAL CONTRACTS Special contracts (3.44)
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© 014 Reed International Books Australia Pty Limited trading as LexisNexis Personal Properties Securities Act 2009 (Cth) (PPSA). This is a uniform system which covers all of Australia. It covers all transactions where a borrower grants the lender a security interest over property they are holding. The holder of the security interest can register this interest as a warning to all other lenders The PPS register can be accessed by potential lenders SPECIALISED COMMERCIAL CONTRACTS Personal Property Securities (3.84) SPECIALISED COMMERCIAL CONTRACTS Personal Property Securities (3.84)
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© 014 Reed International Books Australia Pty Limited trading as LexisNexis There are a number of conventions incorporated into Australian law Certain principles are therefore applied to contracts made between Australians and parties overseas SPECIALISED COMMERCIAL CONTRACTS International commercial agreements/conventions (3.85) SPECIALISED COMMERCIAL CONTRACTS International commercial agreements/conventions (3.85)
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© 2014 Reed International Books Australia Pty Limited trading as LexisNexis The parties to a contract must understand the nature of the bargain they enter, the must have the capacity
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