Contract Law:: Text and Cases
Dilan Thampapillai
Language: English
Pages: 672
ISBN: 0195574532
Format: PDF / Kindle (mobi) / ePub
Contract Law is a blend of key cases supported by comprehensive academic commentary. It covers all the core topics taught in Australian contracts courses. The book helps students develop the legal skills that will see them through their law degree and into professional practice. End of chapter problem questions allow students to practice problem-solving outside of assessment and develop their legal reasoning skills.
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2001 Equity Act 1867 s 62 Hire-Purchase Act 1959 s 12 Law Reform Act 1995 s5 s 10 s 18 Limitation of Actions Act 1974 s 10(1)(a) Property Law Act 1974 s 55 s 56(2) s 59 s 62 Sale of Goods Act 1896 s 13 s 32 s 50(2) s 51(3) s 52(3) Sale of Goods Act 1936 s9 Statute of Frauds 1972 s3 SA Crown Proceedings Act 1992 Early Closing Act 1926 Electronic Transactions Act 2000 Frustrated Contracts Act 1988 s7 Law of Property Act 1936 s 16 s 26(1) Law Reform (Contributory
clarity are essential to legal writing. Moreover, a legal writer must have an understanding of the formal and informal rules of legal writing. It is essential that you practise the art of writing. Lord Denning has stated: The reasons why words are so important is because words are the vehicle of thought. When you are working out a problem on your own … you think in words, not symbols or numbers. When you are advising your client … you must use words. To do it convincingly, do it simply and
Law Review 1815, 1821 (1990–1991). Chapter 2 Theories of contract law of the contracting parties (so that the actual understanding of the contract participants can be pragmatically addressed) and the interpretive legal community. The conclusions of rational bargaining are indeed only justified when evidence is lacking regarding the meaning of the parties’ actual consent (that is, the interpretation of the contract) from the relevant ‘community of discourse’.20 For Barnett,21 consent must be
obligation inherent in the promise. The promisee’s right is deserved because it results from the labour they have expended in bringing the conditions of the contract into existence. That individuals possess an inalienable right to transfer their alienable rights is both the foundation and the limit of this approach to contractual obligation. An assignment of rights is illegal when the rights are not the alienable property of the individual. The assignment is also ineffective unless it attracts
into and assume the rights and liabilities of contracts from the moment of its registration. The full capacity of a corporation is statutorily conferred. The provision also appears to exclude the doctrine of ultra Chapter 6 vires by removing the requirement that the company act in accordance with its objects, as stated in its constitutional memorandum. This is not to say, however, that the memorandum cannot restrict the company’s capacities and powers, thereby limiting the exclusion of ultra
