Contract Law

Rebecca Richardson
Mind Map by Rebecca Richardson, updated more than 1 year ago
Rebecca Richardson
Created by Rebecca Richardson over 1 year ago
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Weeks 1-4

Resource summary

Contract Law
  1. Offer
    1. A promise for an act
      1. Who is it to?
        1. Individual
          1. Members of a group
            1. The world at large
            2. Unavailable
              1. Revoked
                1. Rejected
                  1. Counter-Offer
                    1. Time for acceptance passed
                  2. Invitation to deal
                    1. Request for more information
                      1. Acceptance
                        1. Positive response
                          1. Acceptance of terms
                            1. Response to the offer
                              1. In accordance with the terms of the offer
                                1. Communicated to the offeror
                                  1. Communicated on time
                                    1. Communicated in the correct form
                                      1. Consideration
                                        1. Anything specified by promisor
                                          1. Not illegal or illusory
                                            1. Real and valuable to the promisor
                                              1. Given in return for the promise
                                                1. Performance of an existing duty
                                                  1. Performing a public good
                                                    1. A contractual duty owed to a third party
                                                      1. Contractual duty owed to a promisor (where there is additional benefit(
                                                        1. Paying only part of a debt is not good consideration
                                                      2. Exceptions
                                                        1. Not required in a formal agreement (deed, doc signed/sealed/delivered)
                                                          1. Where the promisee has a remedy of promissory estoppel
                                                2. Intent to create legal relations
                                                  1. Objective Test
                                                    1. Domestic, family or social arrangements
                                                      1. Commercial arrangements
                                                        1. Agreements with the Government
                                                          1. Agreements with professional associations
                                                          2. Capacity
                                                            1. Intoxication
                                                              1. Bankruptcy
                                                                1. The Crown
                                                                  1. Companies
                                                                    1. Minors
                                                                      1. Mental Incapacity
                                                                      2. Formalities
                                                                        1. Recorded in writing
                                                                          1. Land
                                                                            1. Instruments Act 1958
                                                                              1. Memo recording essential terms
                                                                              2. Non-Compliance
                                                                                1. Cannot be enforced
                                                                                  1. Unless part performance operates
                                                                                    1. Unless Estoppel operates
                                                                                    2. Rights indépendant of the contract may be enforced
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