Term
| Promissory Estoppel - traditional case |
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Definition
High Trees
- Block of flats in london |
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Term
| Promissory Estoppel - primary case |
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Definition
Walton Stores v Maher
- Shopping Centre Building Contract |
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Term
| Brennan's Principles - Walton |
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Definition
1. Assumption Relations by P
2. D induced P
3. P acted on Assumption
4. D knew P would act
5. P action -> detriment unless contract
6. D failed to avoid detriment |
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Term
| Estoppel can override Common Law |
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Definition
Riches v Hobgen
- Son agrees to come to Australia to look after mother in exchange for house deed - arrives and is kicked out by mother. |
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Term
| Equitable remedies - minimum equitable compensation |
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Definition
Guimelli v Guimelli
- P lives on land and works in promise for land deeds. Marries, etc. etc. |
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Term
| Pre-contractual negotiations can lead to estoppel |
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Definition
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Term
| Terms - Signature is binding |
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Definition
Toll v Alphapharm
- flu vaccine via road haulier |
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Term
| Non-contratual document - signing is not binding |
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Definition
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Term
| Misrepresentation of document cannot warrant acceptance |
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Definition
| Curtis v Chemical Cleaning |
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Term
Non est factum
- not my deed |
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Definition
Petellin v Cullen
- disability - non english speaking |
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Term
| Opinions not enough to form representation |
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Definition
Savage v Blankey
- "Car has estimated speed of 15mph" |
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Term
| Statement to induce is not a promise |
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Definition
Ross v Allis Chalmers
- "in my experience" |
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Term
| Statements with expertise |
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Definition
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Term
| Parole Evidence rule - principle case |
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Definition
Codelfa
- presumption that written document is the whole contract. Implied terms must be so obvious it goes without saying |
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Term
| Parole Evidence - Question of interpretation |
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Definition
Equusorp
- claiming oral contract (first) overrides the latter written contract |
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Term
| Part oral/written contract |
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Definition
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Term
| "Entire contract clauses" |
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Definition
Nemeth v Bayswater
- Clause |
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Term
| Collateral Contracts - via evidence |
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Definition
Van den Eschert v Chappel
- WHite ants in sold house |
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Term
| Collateral contracts - cannot contradict main contract |
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Definition
Hoyts v Spencer
- lease said terminate on 4 weeks notice - landlord said he wouldnt unless forced - contradict. |
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Term
| If promise can be estopped on future action -> equity -> cannot be a collateral contract |
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Definition
Saleh v Romanous
- Selling the house, brother lived next door |
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Term
| Incorporation of terms - taking reasonable steps to notify P |
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Definition
| Balmain Ferry v Robertson |
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Term
| Incorporation of terms - more unusual the clause, the more notice that is require |
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Definition
Thorton v Shoe Lane Parking
- Automatic ticket machine car park - terms not displayed until inside. P is injured in car park. |
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Term
| Unusual clauses - must have access to terms |
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Definition
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Term
| Unusual clauses - must be brought to attention |
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Definition
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