TABL1710 Autosaved

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TABL1710 Contract law Contract- AGREEMENT concerning PROMISES between 2 or more parties  LEGAL RIGHTS & OBLIGATIONS Elements for legally binding contract: Intention- must have evidence to INTEND to make legal contract ‘Subject to contract’  NOT in final form MASTERS V CAMERON (no contract until conditions met) Implied intention: Social (friends), family, domestic, voluntary  NO INTENTION BALFOUR V BALFOUR (husband & wife- no agreement) COHEN V COHEN WAKELING V RIPLEY (seriousness- big sacrifice) TEEN RANCH PTY LTD V BROWN (voluntary- no claim worker’s comp) ERMOGENOUS V GREEK ORTHODOX COMMUNITY OF SA INC (treated like employee- could claim) Commercial/ business  INTENTION ROSE & FRANK COMPANY V JR CROMPTON & BROS LTD (agreed…show more content…
concerning fitness for purpose, acceptable quality) Uncertain terms: if uncertain no real contract  void for uncertainty Meaningless terms: terms no meaning  void for uncertainty Ambiguous terms: more than one meaning  will be void if term has no meaning Types of terms: Condition- essential term going to the root of contract  can sue Warranty- non-essential term, lesser importance BETTINI V GYE (breech warranty not condition- still fulfilled main purpose didn’t win sue) POUSSARD V SPIERS (breach condition- didn’t turn up  could sue) GUMLAND PROPERTY HOLDINGS LTD V DUFFY BROS FRUIT MARKET Exclusion causes: Exception or ‘no liability’ clauses  effectiveness depends on contract as a whole Notice of exclusion must be given BEFORE contract is made THOMPSON V LONDON, MIDLAND & SCOTTISH RAILWAY CO (notice given before even if P is blind) EBAY INTERNATIONAL AG V CREATIVE FESTIVAL ENTERTAINMENT PTY LTD (failed cos notice was not given til after receive tickets) OLLEY V MARLBOROUGH COURT LTD (notice on back of door- AFTER contract was made) BALMAIN NEW FERRY CO LTD V ROBERTSON

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