The court examines consideration in order to decide which promises should be enforced.
The consideration requirement entails that something must be given in return for a promise in order to
make it binding. Namely, a person s
King v David Allen
Contract / licence between the owner of the picture theatre (King) and the company who want to
post advertisements. King leased out picture theatre to 3 rd party who refused to enforce the licence.
As the licence could not be enforced a
THE UNIVERSITY OF NEW SOUTH WALES
SEMESTER 2 2013 EXAMINATIONS
LAW51150/JURD7150: PRINCIPLES OF PRIVATE LAW
. TIME ALLOWED 2 hours
. READING TIME - 10 minutes
. THIS EXAMINATIONPAPER HAS 3 PAGES
. TOTAL NUMBER OF QUESTIONS 2 YOU SHOULD ANSWER BOTH QUESTIO
LAWS1150/JURD7150 PRINCIPLES OF PRIVATE LAW
Mid-semester Assignment Semester Two, 2016
Word Length: 1 500 words
Due Date: Wednesday 21 September 2106 at 4 pm
Brie is about to open a cheese shop, for which she needs a fridge. She contacts Kelvin, who impor
Identifying the express
Written terms and signature 12.05-40
From notice 12.45-80
From a course of dealing 12.85-100
Written terms and signature
The terms of a contract determine what the parties have agreed to do by way of performance of
Four Elements of the formation of a contract: agreement (offer and acceptance),
consideration, certainty and an intention to create legal relations. They overlap and
are not discrete. The basis of obligation is the meeting of minds.
- Lindley LJ: No, l
Principles of Private Law
JURD7150 S1, 2013
Introduction . 14
Place of Contract in Law . 14
Five Key Parts of a Contract . 14
Types of Agreement . 15
Executory and Non Executory Contracts . 15
Land Contracts .
LAWS1017 CONTRACTS I CASE SUMMARIES
Gibson v Manchester City Council
Carlill v Carbolic Smoke Ball Co
MacRobertson Miller Airline Services v Commissioner of State Taxation
Australian Woollen Mills Pty Ltd v Commonwealth
LAWS1150 / JURD7150 Principles of Private Law
Mid-Semester Assignment Semester Two, 2015
Due date: Wednesday 23 September 2015 at 4 pm
Word length: 1 500 words
Ben and Chris are brothers, who together with their friend Alina have an interest in old cars.
1 Week One Class One
Introduction to the course. Private law and the place of contract law within it. Contract law theory.
For the first five weeks of the course we focus on contract law, starting today with a discussion of
contract law the
Victoria Park Racing and Recreation Grounds v Taylor
Majority held that there was no property in a spectacle. A person does not own a race conducted on
his or her land so as to prevent others from viewing the race from neighbouring land and
CLASSICAL CONTRACT THEORY - Textbook
The philosophy underlying classical contract law [1.10]
underpinned the development of contract law in 19th Century England and US;
Late 19th Century is the classical age of English contract law due to:
o the ext
For an agreement to be formed, there needs to be an identifiable offer
made by one party, and an acceptance of that offer by the other party.
An offer is an expression of willingness to enter into a contract on certain
Offers and invitations to treat
A distinction is made between an offer, and an invitation to treat. An invitation to treat
is an invitation to another party to make an offer. There are no fixed rules about when
conduct is simply an invitation to treat
The Existing Legal Duty Rule
The General Rule
A promise to perform or the actual performance an already existing legal duty cannot
constitute sufficient consideration. It is an illusory consideration. Every new promise
must be accompanied byfresh con
Termination of an offer
There are four types of ways in which an offer could be terminated:
An offer can be withdrawn or revoked by the Offeror at any time before it is accepted by the Offeree.
Even if the Offeror promises to
The intention requirement indicates that the parties must manifest an intention to create legal relations.
(legal relations = be legally bound). This is determined objectively.
Objective approach: has the party manifested
To determine whether there was legal intention on behalf of a government in a government agreement,
the question is whether the transaction is a commercial contractual agreement or an administrative
arrangement involving the imp
A term may be too vague' or imprecise so that the courts cannot attribute a meaning to it. The courts
cannot enforce an agreement if they are unable to discern the obligation with sufficient certainty. Once
again, the courts are less inclin
Communication of acceptance
The general rule
Acceptance has effect when it is received by the Offeror. This was established in Latec Finance Pty Ltd v
A contract is not made until acceptance is received by the Offeror.
However, the Offeror may
Consideration must move away from the Promisee
Consideration does not have to reach the Promisor, but must leave or move away from the Promisee.
This is especially relevant in joint-Promisee situations (a situation in which the party who receives the
An offer will only be effective if it spells out the terms of the contracts with sufficient certainty.
This doesnt mean that every detail needs to be identified so clearly that there is only one possible
interpretation. The cont
Acceptance is an unqualified assent to an offer.
There is a debate whether acceptance is dependent upon actual consensus between the parties (a
meeting of the minds or ad idem). In other words, if the Offeree accepted the offer
Principles of Private Law Course Overview Semester Two 2015
Part One - Contracts
Consideration part one
Consideration part two
Intention to create legal relations
Certainty part one
Certainty part two, priv