Contract Law (Deakin University, 2001)

| Topic 1 (The nature and developoment of contract law) | Topic 2 (Agreement) | Topic 3 (Consideration) | Topic 4 (Intention to create legal relations) | Topic 5 (Capacity to contract) | Topic 6 (Formalities) | Other Links |

Topic 1 - The nature and development of contract law
 
The Importance of contracts

Contractual rights and duties

Goods Act 1958 (Vic)

Trade Practices Act 1974 (Cth)

Insurance Contracts Act

Baltic Shipping Co v Dillon (1993) 176 CLR 344

The antecedents of modern contract law

Milestones in the Development of Modern Contract Law

Insurance Contracts Act

Frustrated Contracts Act (NSW)

Fair Trading Act 1987 (WA)

Sale of Goods (Vienna Convention) Act 1987 (Tas)

Minors (Property and Contracts) Act 1970 (NSW)

Contracts Review Act 1980 (NSW)

Trade Practices Act 1974 (Cth)

Credit Act 1984 (Vic)

Bills of Exchange Act 1909 (Cth)

Industrial Relations Reform Act 1993 (Cth)

Trident General Insurance Co. Ltd v. McNiece Bros Pty Ltd (1988) 165 CLR 107

Doctrine and discretion in contract law

Doctrinal influences on contract law

Photo Production Ltd v Securicor Transport Ltd [1980] 1 All ER 556

Sex Discrimination Act 1984 (Cth)

Trade Practices Act 1974 (Cth)

Feminist Perspectives on Law

Garcia v National Australia Bank Limited (1998) 194 CLR 393 (6 August 1998)

Topic 2 - Agreement
 
Making an Agreement - Offer

Carlill v Carbolic Smoke Ball Company [1893] 1 QB 256
Full text of case and picture of advertisement for Carbolic Smoke Ball - from UK law online

Carbolic Smoke Ball
Picture of the Advertisement from Carbolic Smoke Ball Co.
 
Carlill
Overview and chronology
 
Mrs Carlill
Picture of Mrs Carlill aged 87 and diagram of the carbolic smoke ball device

MacRobertson Miller Airline Services v Comm of State Taxation (WA) (1975) 133 CLR 125

Thornton v Shoe Lane Parking Ltd [1971] 1 All ER 686

Section 56 of the Trade Practices Act 1974 (Cth) [bait advertising]

Termination of offers

United Nations Convention on Contracts for the International Sale of Goods (1980) Art 16

Rejection or counter-offer

United Nations Convention on Contracts for the International Sale of Goods (1980) Art 19

United Nations Convention on Contracts for the International Sale of Goods (1980) Art 17

Lapse of time

United Nations Convention on Contracts for the International Sale of Goods (1980) Art 20

United Nations Convention on Contracts for the International Sale of Goods (1980) Art 21

United Nations Convention on Contracts for the International Sale of Goods (1980) Art 22

United Nations Convention on Contracts for the International Sale of Goods (1980) Art 23

United Nations Convention on Contracts for the International Sale of Goods (1980) Art 24

Making an Agreement - Acceptance

Carlill v Carbolic Smoke Ball Company [1893] 1 QB 256

Trade Practices Act, s 65 [Unsolicited Goods]

United Nations Convention on Contracts for the International Sale of Goods (1980) Art 19

Unilateral Agreements

Carlill v Carbolic Smoke Ball Company [1893] 1 QB 256

Certainty

Vagueness or ambiguity

Upper Hunter County District Council v Australian Chilling and Freezing Co Ltd (1968) 118 CLR 429

Incompleteness

Hall v. Busst (1960) 104 CLR 206

Goods Act (Vic), s 13

Godecke v Kirwan (1973) 129 CLR 629

Booker Industries Pty Ltd v Wilson Parking (Qld) Pty Ltd (1982) 149 CLR 600

Conditional Contracts

Subject to contract clauses

Masters v. Cameron (1954) 91 CLR 353

Subject to finance clauses

Meehan v Jones (1982) 149 CLR 571

Seven Cable Television Pty Ltd v Telstra Corp Ltd [2000] FCA 350

Topic 3 - Consideration
 
The requirement of consideration

A promise under seal

Property Law Act 1958 (Vic) s 73

Property Law Act 1958 (Vic) s 73A

Conveyancing Act 1919 (NSW) s 38

Property Law Act 1974 (Qld) s 47

Law of Property Act 1936 (SA) s 41

Law of Property Act 1936 (SA) s 41AA

Property Law Act 1969 (WA) s 9(2) & (4)

The meaning of consideration

Definition

Carlill v Carbolic Smoke Ball Company [1893] 1 QB 256

The distinction between a condition and consideration

Australian Woollen Mills Pty Ltd v The Commonwealth (1954) 92 CLR 424

The nature of consideration

Past consideration is generally not good consideration

Bills of Exchange Act 1909 (Cth) s 32

Consideration must move from the promisee

Coulls v Bagot's Executor & Trustee Co Ltd (1967) 119 CLR 460

Jones v Bartlett [2000] HCA 56

Promissory Estoppel

Reformulation of the Doctine in Australia

Waltons Stores (Interstate) Ltd v. Maher (1988) 164 CLR 387

The operation of the Doctrine in Australia

Waltons Stores (Interstate) Ltd v. Maher (1988) 164 CLR 387

Other links

Deakin Law School Contract Links


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