Law Cheat Sheet

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Notes Intention – SOCIAL OR DOMESTIC- do not intend to create legal relations. Balfour v Balfour (1912) Categories of rebuttal – The nature of the document (if drafted by solicitor) - Agreement may expressly state legal relations - Surrounding Circumstance may indicate intention Merritt v Merritt (1970) -Significant reliance on promise- consequences are sufficiently serious. Wakeling v Ripley (1951) - COMMERCIAL NATURE- do intend to create legal relations. Edwards v Skyways (1964) Rebutted- Rose & Frank Co v JR Crompton & Bros Ltd (1925) Letters of Comfort- State of current intentions for the future. Provide Comfort, not assurance. (Kleinwort Benson Ltd v Malaysia Mining Corporation Berhad [1981] Agreement- has…show more content…
Following will invalidate consent: Misrepresentation, Mistake, Unconscionability. 2 outcomes for a contract that lacks consent- Void contract: contract does not exist. Voidable Contract: innocent party has right to terminate. Misrepresentation- is a false statement that induces a contract. 3 categories- Innocent: cancel contract. Negligent: cancel contract damages available. Fraudulent: Cancel contract damages in deceit. Whittington v Sean-Hayne (1900) chook farmers- Innocent misrep. Derry v Peek (1889) fraudulent misrep. Mistakes- Common: Leaf v International Galleries. Mutual: Reasonable person. Raffles v Wichelhaus (1864) Unilateral Mistake: Mistaken Identity- Boulton v Jones (1857) Nature of document- Petelin v Cullen (1975) One party, from within a limited class of people, signs a document which is fundamentally different to what they thought they were signing. UNCONSCIONABLE CONDUCT LAW- one party is at special disadvantage and the other takes unconscientious advantage of it. Commercial Bank of Australia Ltd v Amadio [1983] bank loan. Special disadvantage- drunkness, sickness, illiteracy etc. Unconscientious advantage- stronger party taking advantage. Love- Louth v Diprose. TERMS- determine whether term or representation. What would a reasonable person
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