Escolar Documentos
Profissional Documentos
Cultura Documentos
OBJECTIVES: to understand the legal components that are necessary to form a legally binding contract to read and understand the relevant case law and appreciate the role it plays
INTRODUCTION: A contract is a legally enforceable agreement.This is an agreement which can be enforced in a court of law. The law of contract encompasses many areas of commercial law, eg agency, partnership, banking. The law of contract is traditionally based on common law and precedent, however legislation has had a significant impact, eg the Sale of Goods Act
FORMAL CONTRACTS
Formal contracts (or deeds) are documents that create an obligation between the parties without the elements of the traditional contract being present, eg trust deeds, documents evidencing a gift.
Formal contracts are not generally found in business law
ELEMENTS OF A CONTRACTINTENTION
(i) Intention: If the agreement is of a social or domestic nature, the presumption is that there is no intention that the parties intended to be legally bound, however this presumption can be rebutted. Read Balfour v Balfour, Cohen v Cohen, Merritt v Merritt (husband-wife agreements), Wakeling v Ripley Lottery winnings in shared tickets: Simpkins v Pays Parties to a commercial contract are presumed to intend to be legally bound by their agreement, however not all commercial agreements are legally binding. Carlill v Carbolic Smoke Ball Co [1893]. Rebutting the presumption-what does this mean? Honour clauses: If there is evidence to rebut the presumption that legal relations were intended then the courts will not enforce the agreement. Read Rose & Frank Company v Crompton & Bros Ltd, Jones v Vernon Pools Ltd.