Assignment and Delegation
With respect to the principles of assignment and delegation, rights are assigned while duties are delegated. Assignments and
delegation can be either oral or in writing unless the transaction falls within the statute
LAW232 EVIDENCE Case Notes Set 1
1. Introduction & General Discourse
Karum a v R.
Kuruma was a Kenyan African convicted during the Mau Mau
Emergency of possessing two rounds of ammunition, and those
rounds were the evidence obtained by a sear
L a w 3 3 2 E v i d e n c e C a s e N o t e S et 3 ( To p i c s 7 1 0 )
7 . S i mi l a r F a ct E v i d e n c e
S i mi l a r f a c t e v i d e n c e i s e v i d e n c e o f t h e a c c u s e d s s p e c i f i c
bad acts done in the past, led specifically
LAW232 EVIDENCE Case Notes Set 2
DPP v Hester
LORD DIPLOCK (at 245):
an examination of the basic 19 th century cases makes it plain
that in judgments corroboration' was not used in other sense
DPP v Kilbour
Chapter 10: Public Policy and
A person may be competent but may not be compellable on the
grounds of public policy because of some public interest in the
administration of justice.
Prior to the decision in Rogers v Home
W hat is the purpose of evidence law?
Why do we need these laws? What policy outcome is it achieving?
! Three aspects of a trial are regulated by the Evidence Act 1995 (NSW)
1. What material a court may consider in determini
6. Maintain legal privilege over as many communications as possible
1. Broadly speaking, there are four main categories of privilege:
Legal professional privilege (which includes legal advice privilege, litigation privilege and
common interest privilege)
Queensland - Evidence Act (Qld) 1977
Commonwealth Evidence Act (Cth) 1995
Offences against the Commonwealth but tried in a State court - Evidence Act (Qld) 1977 (s79
Judiciary Act (Cth) 1903)
Depends on which court had jurisdiction first If a
Chapter 15 Statute of Frauds Writing Requirement and Electronic Records
I. The Origins of the Statute of Frauds
In 1677 England passed the law An Act for the Prevention of Frauds and Abuses.
Certain types of contracts must be in writing and signed by the
Chapter 17: Performance and Discharge in Traditional and E-Contracts
A party may be discharged from a valid contract by:
A condition occurring - or not occurring.
Full performance or material breach by the other party.
Agreement of the parties.
Hadley v. Baxendale 9 Ex. 341, 156 Eng.Rep. 145 (Ct. of Exchequer 1854).
A shaft in Hadleys (P) mill broke rendering the mill inoperable. Hadley hired Baxendale (D) to transport the broken mill shaft to an
engineer in Greenwich so that he could make
Chapter 11 Agreement in Traditional Contracts
Agreement = offer and acceptance.
Parties must show mutual assent to terms of contract.
Once an agreement is reached, if the other elements of a contract are present, a valid contract is formed
Chapter 18. Breach of Contract and Remedies
Most Common Remedies:
Rescission and Restitution.
Recovery Based on Quasi Contract.
Compensatory Damagesdesigned to compensate nonbreachin
Chapter 16 Third Party Rights
Privity of Contract: only original parties to a contract have rights and liabilities under the contract.
Assignment or Delegation.
Third party Beneficiary Contract.
I. Assignments and Delegations
Contract may be unenforceable if the parties have not genuinely assented to its terms by:
Mistakes of Fact
Only a Mistake of Fact allows a contract to be canceled.
Types of Remedies
1. Damages an award of money
2. Specific Performance an order from a court to a contracting party to perform as promised
Basic Measures of Damages
1.) Expectation damages
a. Expectation damages are based on the contract
Summary of Article 2 Remedies
Buyer Breach (Nonpayment)
SELLER BREACH (BREACH OF WARRANTY)
Seller Recovers contract price
Buyer recovers value goods would have had if they had
been as warranted minus value of goods accepted
Defenses to Contract Enforceability
I. Mutual (bilateral) Mistake
On May 5, April contracts to sell her famous race horse, Apex, to Mae. Unbeknownst to either party, Apex had died on the
night of May 4. The contract is voidable by Mae, because
Statute of Frauds
If an oral contract falls within one of the categories of contracts that must be memorialized in a writing under the Statute
of Frauds, the contract is said to be within the Statute
If a contract is within the Statute it is unenforceab
PRACTICAL GUIDE TO
Practical Guide to Evidence provides a clear and readable
account of the law of evidence, acknowledging the importance
of arguments about facts and principles as well as rules.
The fourth edition has been revised