TOPIC 1: Contract Formation

Question 1

How is it determined whether there is intention?

Answer 1

Objective test

Question 2

What are the three other contract considerations?

Answer 2

Capacity
Legality
Consent

Question 3

What is the concept of capacity?

Answer 3

A contract may be voidable if the person does not lack full capacity eg. under 18

Question 4

What is the concept of legality?

Answer 4

Contract may be void/voidable/unenforceable if it breaches a statute

Question 5

What is the concept of consent?

Answer 5

If consent to enter into a contract was not genuine, there may be remedies available

Question 6

What does s24 of the Property Law Act 2007 require?

Answer 6

The contract to be in writing and signed by the party whom it is being enforced against

Question 7

What are the four types of implied terms?

Answer 7

Terms implied by custom
Terms implied by statute
Terms implied by courts to a particular class of contracts
Terms implied by courts to a particular contract

Question 8

When will the courts imply a term to that particular contract?

Answer 8

Based on what they think the parties intended or to make the contract work

Question 9

What is the four corners doctrine?

Answer 9

That a document is presumed to be the whole of that contract

Question 10

What are the exceptions/rebuttals to the four corners doctrine?

Answer 10

• Evidence of a prior oral agreement which