Objectives

3.3.1 Misrepresentation When parties are negotiating a contract, statements are often made by one to the other which later becom ...

(ii) The representation must be a false statement. (iii) The representation must be made: -. with knowledge of its falsehood, or ...

obligations under the contract, the innocent party may raise the fraudulent misrepresentation as a defence. Fraudulent misrepres ...

It should be remembered that negligence misrepresentation, although alleged in the context of a contractual relationship, is sti ...

Operating Rules It is necessary to identify the relevant section or sections of the public who was or may have been misled. Thi ...

The final point to note is the wide range of remedies. The three most important of these remedies are damages, rescission and i ...

unlawful pressure in fact contributed to his decision to sign’:: at 367. Their view of the law was that, by analogy to developme ...

3.3.4 Unconscionable Contracts Unconscionable Conduct This remedy is best demonstrated by Commercial Bank of Australia Ltd v Ama ...

litigants to argue unconscionable conduct would be considerably reduced. The response from the High Court indicates that the ‘sp ...

3.5.1 By Performance A party’s obligations under a contract may be discharged by performance. However its effect on the party’s ...

would render it a thing radically different from that which was undertaken by the contract. The circumstances or event must not ...

Where there is anticipatory breach ie the guilty party indicates before the contract is due for performance that he/she will no ...

3.6.1 Common Law At common law the two major potential outcomes are termination of the contract because of anticipatory breach o ...

Losses actually contemplated as a probable result of the breach. Turner shows how those principles are tested in Hadley v Blake ...

An injunction is not only available in cases involving contract. It is often sought in the tort of defamation to prevent from co ...

A contract is illegal if it is contrary to statute or public policy. An illegal contract is void, and unenforceable. But it is s ...

7.0 REFERENCES/FURTHER READINGS Graw, S. (1993) .Introduction to the Law of Contract. Sydney: The Law Book Company Limited. Robi ...

UNIT 5 PRINCIPAL AND AGENT CONTENTS 1.02.0 IntroductionObjectives 3.0 Main Content 3.1 Principal and Agent 3.1.1 The Agency Rela ...

directed to regulate and this is the subject matter of the last unit of the course. Overview Principal and Agent ...

2.0 OBJECTIVES On successful completion of this module, you should be able to: define an agency relationship differentiate betw ...