Term
| Preliminary agreements auth |
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Definition
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Term
| Masters v Cameron agreement types |
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Definition
1. Immediately bound, later written record
2. Complete agreement, performance condition on document
3. No agreement unless written record |
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Term
| Fourth type of preliminary agreement auth |
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Definition
| Strzelecki; Baulkham Hills Private Hospital |
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Term
| Fourth type of preliminary agreement |
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Definition
| bound now, superseded with a new agreement later |
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Term
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Definition
1. offer
2. acceptance
3. intention to form legal relations
4. certainty
5. consideration |
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Term
| Commercial agreements have a presumption of legal relations auth |
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Definition
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Term
| All essential terms is sufficiently certain |
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Definition
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Term
| good faith agreement doesn't exclude protecting own interests |
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Definition
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Term
| lead case on express good faith agreements |
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Definition
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Term
| Obligation of good faith may require an external standard |
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| family agreements don't have a presumption of non-binding |
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Term
| consideration benefit/detriment auth |
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Definition
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Term
| Promissory estoppel main auth |
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Definition
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Term
| 'elements' of promissory estoppel auth |
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Definition
| Brennan J in Waltons Stores and Maher |
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Term
| 'elements' of promissory estoppel (6) |
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Definition
1. P assumed legal relationship exists/would exist
2. D induced assumption
3. P acts/doesnt act in RELIANCE
4. D knew/intended this
5. P's act/inaction will cause DETRIMENT
6. D has FAILED to act to avoid detriment |
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Term
| estoppel damages must be equitable |
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Definition
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Term
| entire contract clauses are conclusive |
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Definition
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Term
| must be reasonable notice auth |
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Definition
| Balmain New Ferry Co v Robertson |
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Term
| reasonable notice factors (5) |
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Definition
1. nature of referring document
2. access to incorporated document
3. identification of applicable terms
4. time of incorporation
5. the nature of the clause |
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Term
| Leading implied terms case |
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Definition
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Term
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Definition
| con-stan industries v nowrich winterthur |
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Term
| term implied in fact test |
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Definition
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Term
| officious bystander test auth |
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Definition
| Shirlaw v Southern Foundries |
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Term
| bp refinery test: terms must |
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Definition
1 be reasonable and equitable
2 be necesasry to give business efficacy to contract
3 be so obvious to go without saying
4 be capable of clear expression
5 not contradicted by any express terms |
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Term
| warranties in statute are in: |
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Definition
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Term
| incorporation by course of dealing (?) |
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Definition
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Term
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Term
| Warranties can't preclude responsibility to provide goods of merchantable quality |
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Definition
| Wallis Son & Wells v Pratt & Haynes |
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Term
| Exemption clauses may be read down |
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Definition
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Term
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Definition
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Term
| Lock-out agreements need a timeframe |
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Definition
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Term
| Subject to finance obligates honest dealings to find satisfactory finance |
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Definition
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Term
| Court reluctant to look at negotiations |
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Definition
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Term
| Time of incorporation of terms important |
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Definition
| Baltic v Dillon; Thornton v Shoe Lane |
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Term
| Terms must be incorporated before acceptance |
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Definition
| Olly v Marlborough Court Hotel |
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Term
| Contract can't be subject to terms on a ticket yet to be received |
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Definition
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Term
| Reasonable steps to bring incorporated terms to attention |
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Definition
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Term
| Unusual terms may need special notice of incorporation |
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Definition
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Term
| Services rendered with due care and skill |
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Definition
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Term
| Court reluctant to look at negotiations |
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Definition
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Term
| Time of incorporation of terms important |
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Definition
| Baltic v Dillon; Thornton v Shoe Lane |
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Term
| Terms must be incorporated before acceptance |
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Definition
| Olly v Marlborough Court Hotel |
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| Contract can't be subject to terms on a ticket yet to be received |
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Definition
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Term
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Definition
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Term
| Reasonable steps to bring incorporated terms to attention |
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Definition
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Term
| Unusual terms may need special notice of incorporation |
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Definition
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Term
| Services rendered with due care and skill |
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Definition
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Term
| (sale of goods) acceptable quality |
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Definition
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