Please enable JavaScript.
Coggle requires JavaScript to display documents.
Module 3 - Obligations (Promissory Obligations (contracts) (Creation…
Module 3 - Obligations
Promissory Obligations (contracts)
Creation
agreement determined objectively
offer & acceptance
certainty
intention to create legal relations
Consideration (common law)
Cause (civil law)
Express terms
signature
reasonable notice
previous course of dealing
Vitiating factors
misrepresentation
mistake
undue influence
unconscionable bargain
duress
illegality
Cancellling
Performance = not upheld, discharge
Breach = failure to perform, gaining damages and cancelling if serious
Discharge if serious, frustration or express termination clause
Remedies
Mitigation
claim ominal damages
specific performance at courts discretion
Good faith in civil law
Sharia Law
Sources
Holy Quaran
Sunnah
Islamic legal theory
independent reasoning
mujtahid/mufti
ulama
Consensus among jurists (ijma)
Five pillars
shahadah
salat
Sawm
zakat
haj
Contracts
onerous/cummutative (bilateral)
gratuitous (unilateral)
Offer and acceptance, lawful cause, good faith
Prohibitions
Riba (usery) - making profit out of time
uncertainty (insurance)
Remedies
specific performance
damages
non-performance
judicial cancellations
Equitable Obligations
Breach of Trust
Breach of FIduciary obligation
Churnside v Fay (joint venture, trust and confidence)
Breach of confidence
Lao v An Clark
Confidential information
confidential relationship
unauthorised use
Tortious obligations
Strict liability
Fletcher v Rylands 1866 (mines)
negligence (careless)
Establish
Harm
Causation
result of duty/obligation
Compare to reasonable person
reasonably foreseeable
Donoghue and Stevenson
proximity and neighbor principle
Vicarious liability (employment)
Statutory obligations
ACG Ltd v 2XX ltd
some contracts alter atatutory obligations
Some statutes can't be altered
Some breaches = negligence
Relationship to Property
Trusts
ownership split
new property right created
Duties
preserve value
Care and skill
fidelity and loyalty