Contracts II Notes

Where the Contracts I notes provided an introduction to private law and an analysis of the circumstances in which courts will treat a binding agreement as having come into existence, these notes deal with methods and doctrines by which such agreements may be treated as coming to an end.

The first seven parts describe ways to effect to rescission of a contract. These methods may be described broadly as legal, equitable and statutory. Parts VIII-XI examine breach and frustration of contracts, and conditions to which performance might be made subject. Finally, Parts XII and XIII examine the consequences of termination for parties to a contract.

How You May Make Use of These Notes

Topic summaries are intended to provide an overview of the various areas of contract law. They are fairly detailed in some areas but lacking in others. (If you are able to supplement these weaknesses, please do so and attribution will be given.) However, in their current state they should not be relied upon for examination purposes.

I also ask that you don’t redistribute or make copies of these notes in any form. If you want to tell a friend about them, that’s fine, but direct them to this page so they can download them directly. Please do not contact me regarding or attempt to reverse engineer the printing and copying restrictions: these are designed to prevent plagiarism and inappropriate reliance for law school assessment tasks and I will not disable them upon request.

Important Note

The jurisdiction to which these writings are most applicable is Victoria, Australia. However, other Australian states are reasonbly similar. Some parallels exist between the principles of Australian contract law and those of other common law countries, and the notes may serve as a summary for comparative purposes in that regard.

Of other students, who may make use of these materials in their preparation for examinations or moots, I ask only one thing: please report any errors — suspected or blatant, legal or typographical — to the author by one of the following means: the comments section at the bottom of the page, e-mail, or MSN Messenger using the aforementioned address.

Last Update

The notes are current as of November 2004. That is to say that they describe the law as I understand it at the present moment in the aforementioned jurisdiction. Uncertainties are noted where applicable; however, there are several key principles currently awaiting redecision or having been granted special leave to appeal to the High Court of Australia, so the law is undoubtedly going to change in various respects. As such, they are not to be relied upon as a sole source of information about contractual principles, whether for assessment, private study, legal advice, or any other purpose whatsoever.

Topic Summaries

Part I - Misrepresentation
Part II - Misleading or Deceptive Conduct
Part III - Mistake
Part IV - Duress
Part V - Undue Influence
Part VI - Unconscionable Dealing
Part VII - Statutory Unconscionability
Part VIII - Termination for Breach
Part IX - Contingent Conditions
Part X - Termination by Consent
Part XI - Termination by Frustration
Part XII - Damages
Part XIII - Equitable Remedies

A Note about Sources

To the extent that the notes derive from lectures and course materials, acknowledgent is here offered for the contributions of lecturers and subject co-ordinator. All other sources are acknowledged where applicable; however footnotes are ommitted for brevity.

Posted by Jaani at October 8, 2005 09:15 AM


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