Contract Law - Introduction Unit 19.09.24.docx

Contract Law Week 1 -- Introduction Contracts - Individuals and businesses enter contracts on a daily basis - Lawyer involvement - On formation - If something goes wrong - Module guide - Contracts don't have to be in writing, they can be oral and nd that is the mo...

Contract Law Week 1 -- Introduction Contracts - Individuals and businesses enter contracts on a daily basis - Lawyer involvement - On formation - If something goes wrong - Module guide - Contracts don't have to be in writing, they can be oral and nd that is the most common. There are contracts that must be in writing however that's far and few - exemption clause - common law rules - statutory controls - what can go wrong if you're a commercial seller of goods - lost - delay - not of satisfactory quality - companies will try to limit or reduce their liability - doctrine of complete performance - fits in the concept of remedies as it analyses whether a contract has been properly performed -- when are each party suppose to do their contracted worked - frustration - one party complaining at - party being blamed -- could be something that was an unforeseen event which means that the contract cant be performed or it would be radically different than the original contract - neither party will be at fault - Vitiating Factors -- defective development of contract -- can be invalidated - Misrepresentation - A statement made before the contract was written and the statement was false - Sometimes there will be a remedy - Mistake - Mistake of such significance that the contract should be automatically void - Can be hard to establish mistake - Duress and undue influence - One party has threaten the other and the threat has made the person enter the contract or change the contract - Economic duress -- fearing economic threat - Undue influence -- one party feels manipulated into entering the contract, led to it by someone else - Remedy of rescission Prepare, Engage and Consolidate tasks - They ca be on the exam! Mock assessment - Do it under exam conditions - Complete any time within that week - One hour and 10 minutes (can do longer but that's the exam conditions) - One compulsory question based on Advance Documentation - Word limit Exam condition - Exams are open book - Can have notes and materials - \*\* cautionary note\*\* - YOU ARE NOT GOING TO HAVE THE TIME to look things up - Only use if absolutely required - Will need to reference case name or legislation name and section number for the exam -- obviously course work is different Just do the prepare tasks before the lecture Assessment: - SBAQs - 40% and 45 mins - 20 questions - Exam - 60% and two hours - Open book - Part A -- compulsory question based on Advance Documentation -- 60 marks -- problem question, might have to do extra research - Will get the advanced question 24 hours before the exam - Quality not quantity - - Part B -- one out of two questions -- 40 marks - Either answer a problem question or an essay question -- could also be a hybrid