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Law of Contract I - Coggle Diagram

- - - - 'minimum equity' to remove detriment
    - - court will put you in position you expected to be in had promise been fulfilled
        
        UNLESS
        
        giving effect disproportionate to detriment
  - - - Defendant restrains party from enforcing legal rights
    - - Create rights that did not previously exist
- - - - tension in the courts
        
        upholding bargains
        
        not wanting to (re)write
        
        cannot uphold ambiguous + uncertain agreements
        
        too many gaps
    - - Grounds for avoiding contract/promise
        
        Contract, as whole, unenforceable bc it's incomplete/uncertain
        
        Particular inessential term is unenforceable vague
    - - Essential term unenforceable
        
        contract wholly unenforceable ("void for uncertainty")
      - Inessential term unenforceable
        
        term can be severed
    - - term w/o which the contract cannot be enforced
      - differ from case-to-case
      - universal essential terms
        
        leases
        
        parties
        
        premises
        
        rent
        
        duration
        
        sale of land
        
        parties
        
        land
        
        price
    - - Market reference point, standard, etc
      - Court uses to give content to uncertain clause
      - Parties must provide expert evidence
    - - Unenforceable promise
      - Depends for fulfilment upon decision of one party
    - - Specific means for parties to determine a term by third party
  - - - Traditional presumptions
        
        domestic context
        
        no intention
        
        commercial context
        
        intention presumed
        
        tricky to rebut
      - Overarching objective approach
        
        intention assessed objectively
        
        said + done?
        
        subject matter?
        
        circumstances?
        
        relationship?
      - No intention
        
        Amicability
        
        Uncertainty
      - Intention
        
        Formality
        
        Reliance
      - Government agreements
        
        government = legal entity
        
        ordinary commercial transactions
        
        intention clear
        
        implementing policy
        
        intention unclear
    - - Preliminary Agreement
        
        Formal contract
      - Traditional categorical approach
        
        Preliminary agreement enough to be immediately bound
        
        Bound immediately, no obligation to perform until formal agreement
        
        No intention until formal agreement
        
        Intention to be bound immediately, further terms upon formal agreement
  - - - Reasonable person
      - Methods for Establishing
        
        Offer and Acceptance
        
        Global Approach
    - - Nature
        
        Expression of willingness to be legally bound
        
        Certain terms
        
        No further negotiations
        
        Made to
        
        Individuals
        
        World at large
        
        Individual
        
        Not mere 'invitation to treat'
        
        Newspaper advertisements
        
        Goods on display
        
        Auctions
      - Termination
        
        Revoked by offeror before acceptance
        
        Lapse of stipulated or reasonable time
        
        Counter-offer
        
        Subject to condition that fails
        
        While stocks last
      - Process Contracts
        
        Unilateral
        
        Contract for the process of entering into a contract
    - - Promise in exchange for action
    - - expressly
        
        offeror may prescribe a particular mode of acceptance
      - by conduct
        
        cannot be inferred from silence
      - dispensing with
        
        implied
        
        express
      - acceptance by post
        
        communications effective when received
      - Instantaneous modes of communication
        
        Electronic Transactions Act (QLD)
        
        dispatched
        
        received
        
        don't say whether this constitutes acceptance - practicality
  - - - Detriment to promisee
        
        promise to do or not do something in future
        
        'sufficient' but not necessarily 'adequate'
      - Exchanged as bargain
        
        quid pro quo
      - Consideration moves from promisee
        
        Not
        
        Past consideration
        
        Illusory consideration
        
        Performance of existing duty
        
        exceptions
        
        fresh consideration
        
        pre-existing duty to 3rd party
        
        practical benefit
- - - - reliable evidence
      - avoid fraud, bogus claims on parol
    - - in writing
        
        agreement of both parties
        
        written + signed offer accepted orally
      - oral, evidenced by note/memorandum
        
        must come after contract
        
        all essential terms
        
        3 Ps
        
        joinder doctrine
        
        reference in document signed by defendant
        
        parol evidence to introduce document
    - - only the defendant/promisor's signature
      - fairly relaxed concept
      - authenticated signature fiction
        
        defendant's inserted name = signature
    - - unenforceable by action
      - enforceable by defence?
        
        cannot be used to charge promisor
- - - - "Terms" vs "Mere representations"
        
        Proved? (Parol evidence rule)
        
        Negotiated v non-negotiated: incorporation doctrine
    - - passive
        
        interpret contract
        
        make remedies
        
        not make terms