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Table Of Contents

Establishing contractual terms
Bilateral Contracts
Unilateral Contracts
Offers to the Public at Large
Mere Puff
Supply of Information
Invitation to Treat
Standing Offers
• Options
An offer may be terminated by
Offeree must have knowledge of and act in reliance to an offer
A Counter Offer is not Acceptance
Acceptance must be Unqualified
Mere Inquiry does not Constitute Acceptance
Method of Acceptance
Instantaneous Communication: Acceptance must be communicated
Postal Acceptance Rule
Acceptance commonly by conduct
Withdrawal of an offer after acceptance has commenced
Instantaneous communication
Facets to the principal
Individual Terms
Agreements to Negotiate
Link to External Standard
Link to reasonableness standard
Waiver or Removal of Uncertainty
Agreement contains mechanism to complete
Breakdown of Mechanism to Complete
Implication of Terms
Failure to specify price
Rebutting the presumption
Rebutting the Presumption
Commercial Agreements
Policy Initiatives
Honour Clauses
Promotional puff and free gifts
Ex gratia payments and without prejudice offers
Letter of Comfort
Consideration in Bilateral Contracts
Consideration in Unilateral Contracts
Executed and executory consideration
Consideration must move from the promisee
Consideration must be sufficient
Consideration must not be past
Moral Consideration
Performance of existing duties
Part Payment of Debt
Forbearance to sue
Bargain for conduct already performed
Assumption or Expectation
Encouraged or Induced
Knowledge or Intention
Failure to avoid detriment
Entitlement of named persons to claim
Maritime contracts of carriage
Unjust Enrichment
Nature of Guarantee
Transactions which are not guarantees
Requirement of writing: content
Requirement of writing: signed by party to be charged or agent
Nature of contract needing writing
Reference to a document
Reference to a transaction
Contract valid to pass title
Recovery of money paid under unenforceable contract
Doctrine of part-performance
Constructive trust
Representation or Term
Collateral contracts
Statement of the rule
When the rule applies
Exceptions to the rule
Terms implied to give effect to the presumed intention of the parties
Term implied Irrespective of parties intention
General approach
Inadmissible Evidence
Promissory terms
Condition precedent
Condition subsequent
Specific rules of construction
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Contract Law

Contract Law

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Published by: velocetee on Oct 25, 2010
Copyright:Attribution Non-commercial


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