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Law Exam Notes

Tuesday, June 8, 2010. Contracts - Excuses for Non-Performance - Misrepresentation. Regulates provision of information during negotiations. False material statement of fact. Made by one party to contract (representor) to other party (representee). Induced entry into contract. Compare Breach of Contract. Potential overlap but different concept and remedies. Breach of contract=breach of promise. S 52 Trade Practices Act 1974 (Cth). S 9 Fair Trading Act 1999 (Vic). Proscribe deceptive or misleading conduct.

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Law Exam Notes | lawexamnotes.blogspot.com Reviews
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Tuesday, June 8, 2010. Contracts - Excuses for Non-Performance - Misrepresentation. Regulates provision of information during negotiations. False material statement of fact. Made by one party to contract (representor) to other party (representee). Induced entry into contract. Compare Breach of Contract. Potential overlap but different concept and remedies. Breach of contract=breach of promise. S 52 Trade Practices Act 1974 (Cth). S 9 Fair Trading Act 1999 (Vic). Proscribe deceptive or misleading conduct.
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2 introduction
3 concerns false pre contractual
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6 misrepresentation=false inducement
7 is misrepresentation obsolete
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Law Exam Notes | lawexamnotes.blogspot.com Reviews

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Tuesday, June 8, 2010. Contracts - Excuses for Non-Performance - Misrepresentation. Regulates provision of information during negotiations. False material statement of fact. Made by one party to contract (representor) to other party (representee). Induced entry into contract. Compare Breach of Contract. Potential overlap but different concept and remedies. Breach of contract=breach of promise. S 52 Trade Practices Act 1974 (Cth). S 9 Fair Trading Act 1999 (Vic). Proscribe deceptive or misleading conduct.

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Law Exam Notes: Contracts - Termination - Termination for non-fulfiment of a contingent condition

http://lawexamnotes.blogspot.com/2010/06/contracts-termination-termination-for.html

Tuesday, June 8, 2010. Contracts - Termination - Termination for non-fulfiment of a contingent condition. Grounds for Lawful Termination. When both parties discharge their obligations – no obligation to communicate that. By consent or agreement. Express contractual provision – Renard Constructions; Pan Foods;. V ANZ Banking Group Ltd (No 2). Bank had express contractual provision that allowed it to terminate in the event of Pan Foods’ economic downturn. Termination had to be in a particular form. Irrespe...

2

Law Exam Notes: Contracts - Certainty

http://lawexamnotes.blogspot.com/2010/06/contracts-certainty.html

Tuesday, June 8, 2010. Two aspects to uncertainty. Only affects essential terms. Which must be clear and complete. If not, the contract is said to be ‘void for uncertainty’. Essential terms tell the parties what their essential rights and obligations are. They are terms which are at the heart of the agreement. If the terms are complete but their meaning is unclear, it is difficult for courts to establish what constitutes performance and breach. Unclear inessential terms may be:. They want to uphold barga...

3

Law Exam Notes: Contracts - Excuses for Non-Performance - Misrepresentation

http://lawexamnotes.blogspot.com/2010/06/contracts-excuses-for-non-performance_08.html

Tuesday, June 8, 2010. Contracts - Excuses for Non-Performance - Misrepresentation. Regulates provision of information during negotiations. False material statement of fact. Made by one party to contract (representor) to other party (representee). Induced entry into contract. Compare Breach of Contract. Potential overlap but different concept and remedies. Breach of contract=breach of promise. S 52 Trade Practices Act 1974 (Cth). S 9 Fair Trading Act 1999 (Vic). Proscribe deceptive or misleading conduct.

4

Law Exam Notes: Contracts - Overview

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Tuesday, June 8, 2010. Overview of the Law of Contract. A contract can be defined as an agreement between two or more persons that creates certain rights and obligations that the law will recognise and enforce. Contracts can be bilateral (i.e. a promise for a promise). Contracts can also be unilateral (i.e. a promise for the complete performance of an act). Some contracts will not necessarily be the result of an agreement but will be enforceable because they are made by deed. For a valid simple contract:.

5

Law Exam Notes: Contracts - Interpretation

http://lawexamnotes.blogspot.com/2010/06/contracts-interpretation.html

Tuesday, June 8, 2010. Arise in multitude of ways: e.g.-. Ambiguity in subject matter or terms. A particular problem when the parties have actually never turned their minds to the situation. Unreasonable or absurd outcome. Parties at cross purposes. Courts have inherent jurisdiction to correct Fitzgerald v Masters; Westpac v Tanzone. Particularly where a particular phrase has been chosen but where the plain meaning is different from that intended. Estoppel –e.g.- estoppel by convention. Consequently when...

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Law Exam Notes

Tuesday, June 8, 2010. Contracts - Excuses for Non-Performance - Misrepresentation. Regulates provision of information during negotiations. False material statement of fact. Made by one party to contract (representor) to other party (representee). Induced entry into contract. Compare Breach of Contract. Potential overlap but different concept and remedies. Breach of contract=breach of promise. S 52 Trade Practices Act 1974 (Cth). S 9 Fair Trading Act 1999 (Vic). Proscribe deceptive or misleading conduct.

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