Fundamentals of Australian Contract law

Week 9 Express Terms Livestream Class recording Part 3 of 3

Mon, 04 May 2020 23:51:12 +0000

Alphafarm v Toll

Parole Evidence Rule

Week 9 Express Terms Livestream Class recording Part 2 of 3

Mon, 04 May 2020 23:49:19 +0000

White ants
Second hand cars
Drycleaning
Carparks
Possum & Millie

Week 9 Express Terms Livestream class recording Part 1 of 3

Mon, 04 May 2020 23:47:21 +0000

Intro / revision
A discussion about consensus / Fitness First v Chong and the Rule in L'Strange v Graucob
Why is it important to identify terms?
Discussion about equitable remedies
Luna Park v Tramways
JJ Savage
And more

Week 8 Drop in Tutorial

Mon, 04 May 2020 00:44:50 +0000

We covered a range of things - these tutorials are driven by your questions:

citations/referencing in the exam;
why does consideration move from the promissee?
If Elliot, who is 4, entered into a contract with me to purchase a race track, and I didn't hand over the race track, could he sue me?
how do the past consideration and part payment of a debt 'rules' fit together?

And that's just what I remember this morning.

Research for JD students

Wed, 29 Apr 2020 03:17:09 +0000

Brought to you by the RMITLSS, facilitated by Cathryn Nolan with special guest Anastasia Stepanovic, Legal Research and Training Librarian Maddocks and President of the Victorian Chapter of the Australian Law Librarian's Association.

To access the 'annotated agenda' - including links to the websites and library databases discussed, see: https://share.mindmanager.com/#publish/cY0KpJE0AmIf6P6GzgeoFDz0pam3NYN4ZKnpys8U

Note: you will need RMIT credentials to access all areas.

Topic 8.2 Privity - and some revision as well

Tue, 28 Apr 2020 04:28:30 +0000

Topic 8.1 Formalities

Tue, 28 Apr 2020 04:26:28 +0000

As we now have to record classes in Collaborate Ultra there is less ability to edit / cut up lectures easily (and less motivation to be frank). Version with video are available in Canvas.

Drop in tutorial - Assignment 2 feedforward

Mon, 20 Apr 2020 02:51:15 +0000

We are now required to record in collaborate ultra rather than Zoom. This means I have less ability (and inclination!) to edit the recordings. You will find the video and slidepack in Canvas.

Topic 6 Intention - Commercial Contracts

Mon, 06 Apr 2020 23:53:45 +0000

Week 5 Drop in Tutorial

Sun, 05 Apr 2020 23:19:45 +0000

Mainly we discussed the assignment - word count, referencing, finding cases, structure.... and cats.

Part 4 Final remarks and some Q&A

Tue, 31 Mar 2020 09:59:55 +0000

Part 3 Ace Cubbies v Timbertop Nurseries

Tue, 31 Mar 2020 09:58:36 +0000

You can find the problem and a quiz with the questions in Canvas

Topic 5 Activity

Tue, 31 Mar 2020 06:36:12 +0000

Not sure how this one will translate to Audio Only! This is a recording of a class activity - with a number of hiccoughs along the way due to the livestream nature of the class!

Topic 5 Part 1 Livestream Lecture Recording

Tue, 31 Mar 2020 06:01:25 +0000

Table of Contents:

00:00 - Introduction

00:48 - Quiz / problems… I’m making a change

04:30 - Consideration

05:59 - Learning objectives

07:33 - Past Consideration

08:34 - Past Consideration Rule

10:00 - Roscorla v Thomas

11:53 - Exceptions: Lampleigh v Braithwait

14:21 - Exceptions: Ipex Software Services Pty Ltd v Hosking

16:26 - Existing Legal Duty Rule

16:48 - Let’s start with the rule: Existing Legal Duty

21:00 - Performance of a Public Duty

21:36 - Glasbrook Bros Ltd v Glamorgan County Council (1956) 2 All ER 318

24:23 - Part Payment of a Debt: Rule in Pinnel’s Case

31:39 - Foakes v Beer

36:40 - Promises to third parties - Hirachand Punamchand v Temple [1911] 2 KB 330

40:46 - Atco Controls Pty Ltd (in liq) v Newtronics Pty Ltd

42:36 - Exception: Pao On v Lau You Long

44:23 - Per Scarman LJ:

45:55 - Existing Contract with Promisor – is there fresh consideration?

49:59 - Compromise and forbearance to sue

51:13 - What are the issues?

52:48 - The Practical Benefit Exception

56:38 - Practical Benefit Exception in Australia

1:01:19 - Exceptions to the Rule in Pinnel’s Case

1:01:36 - Exceptions to Existing Legal Duty Rule

Topic 4 Part 5 Wrap up and Question Time

Mon, 23 Mar 2020 22:39:18 +0000

Topic 4 Part 4 Why is Consideration Required? Key critisms

Mon, 23 Mar 2020 22:30:17 +0000

Discussion includes Kirby J's reasons for the requirement of consideration as discussed in Woolworths v Kelly

Topic 4 Part 3 Key Cases

Mon, 23 Mar 2020 22:22:14 +0000

In this part of the class recording we discuss AWM and Beaton v McDivitt

Topic 4 Part 2 Consideration Rules Framework

Mon, 23 Mar 2020 22:19:44 +0000

Topic 6.1 Intention

Mon, 06 Apr 2020 23:51:30 +0000

Unfortunately we had all sorts of trouble with the livestream class - thank you to those who were there and so patient and undertstanding - so this is a recording of last semester's class on the same topic.

00:00 - Introduction

00:23 - Week six – Semester two

02:45 - What do we cover in this topic?

02:48 - Overview: Intention to create legal relations

06:45 - Intention

09:33 - Objective Test: Did the parties manifest an intention to create legal relations?

12:19 - Lord Denning MR: Merritt v Merritt

12:39 - What factors are taken into account (to determine whether the parties intended a legal relationship)?

16:30 - Presumptions

17:19 - Doubt about the utility of Presumptions

21:14 - __ “… not only is there obvious difficulty in formulating rules intended to prescribe the kinds of cases in which an intention to create contractual relations should, or should not, be found to exist, it would be wrong to do so.”

Topic 4 Part 1 - Introducing Consideration

Mon, 23 Mar 2020 21:58:37 +0000

Assignment Feedforward - How to write a memo

Mon, 23 Mar 2020 11:50:36 +0000

Drop in Tutorial #2

Mon, 23 Mar 2020 11:20:30 +0000

Thanks to those who attended. Unfortunately the sound quality is not excellent - a problem of bandwith in these crazy times!

We discussed a whole lot of things, including:

the assignment
citing cases
thinking about research
agreement / consensus
and other stuff

Topic 3 Part 9 Wrapping up Acceptance

Tue, 17 Mar 2020 02:21:33 +0000

Brinkibon v Stahag Stahl

Some key take aways

Some end of class Q&A

Topic 3 Part 8 The Postal Acceptance Rule / Acceptance by email

Tue, 17 Mar 2020 01:54:39 +0000

Topic 3 Part 7 Conduct constituting acceptance

Mon, 16 Mar 2020 23:37:36 +0000

In this one I provide a brief outline of Machon Paull v Empirnall Holdings - we mention Felthouse v Bindley as well, but for more information about that one go back to the Topic 3 pre class quiz where I discuss it in more detail.

Topic 3 Part 6 Communicating Acceptance

Mon, 16 Mar 2020 23:27:57 +0000

What in practice does it look like to communicate acceptance?

In this brief excerpt of the class we look at Latec Finance v Knight

Topic 3 Part 5 Unilateral Contracts and Acceptance

Mon, 16 Mar 2020 23:10:24 +0000

How is a unilateral offer accepted? Does the offeree need to be aware of the offer in order to accept it. We look at R v Clarke in this short case overview.

Topic 3 Part 4 Fitness First v Chong

Mon, 16 Mar 2020 23:03:08 +0000

A brief case note - the principle is known as the Rule in L'Strange v Graucob - which we will come back to much later in the semester. The case is important to understand the importance of a signed document even when there is no meeting of the minds (consensus ad idem)

Topic 3 Part 3 Taylor v Johnson

Mon, 16 Mar 2020 22:57:46 +0000

A very brief case study - this case helps us understand the way that the courts apply an objective test to determining whether a person has accepted an offer.

Topic 3 Part 2 Rules

Mon, 16 Mar 2020 13:04:33 +0000

What's in this recording

00:00 - What is Acceptance?

05:07 - Acceptance - Formula

05:33 - Some issues that arise:

07:09 - Rules on Acceptance

22:04 - Approaches to Acceptance (objective test)

25:16 - How courts determine whether acceptance has occurred

Topic 3 Part 1 Agreement - Acceptance & Consensus Pre Class Quiz

Mon, 16 Mar 2020 12:21:55 +0000

Not sure how this one will work without the pictures, but try playing along at home if you can!

Topic 2 Options

Mon, 16 Mar 2020 11:54:26 +0000

Table of Contents:

00:00 - Introduction

09:05 - Lapse of offers

09:25 - Failure of condition

09:41 - Rejection

10:46 - Counter offer

Topic 2 Revocation of offers

Mon, 16 Mar 2020 11:35:43 +0000

Topic 2 - Revisiting MacRobertsons Case

Mon, 16 Mar 2020 11:26:46 +0000

Further to a question that was asked on Saturdays lecture - expanding on the issues.

14 March 2020 Class Introd - Times for Tutorials

Mon, 16 Mar 2020 11:24:55 +0000

Explains the basis on which a time was selected - 7:30pm on Saturdays. Note at the end is supposed to make you feel relaxed about whether you attend or not.

Topic 2 Part 8 Distinguishing offers from other conduct

Sat, 14 Mar 2020 13:15:14 +0000

What is covered in this podcast?

Distinguishing an offer from other conduct

00:02 - Why do we need to distinguish?

02:34 - Issues arising with invitations

03:23 - Offers versus invitations to treat

03:25 - Fisher v Bell [1961] 1 QB 394 (see Canvas for a link)

03:25 - Offers versus invitations to treat

03:29 - Issues arising with invitations

03:32 - Why do we need to distinguish?

03:34 - Issues arising with invitations

03:35 - Offers versus invitations to treat

03:40 - Fisher v Bell [1961] 1 QB 394 (see Canvas for a link)

07:59 - Partridge v Crittenden [1968] 2 All ER 421

09:12 - __ Boots Cash Chemists

09:24 - Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) [1953] 1 QB 401

11:08 - What was the issue?

12:00 - Arguments

12:56 - Findings

14:21 - Auctions & Tenders

14:40 - Real Estate Auction

17:00 - Real Estate Auction – general rule

17:08 - Real Estate Auction without reserve

17:32 - Tenders

18:45 - Harvela

23:55 - Supply of Information

24:44 - About the discussion board task

Topic 2 Part 7 Macrobertson's Case

Sat, 14 Mar 2020 13:07:30 +0000

What's in this podcast

Identifying when a contract has been formed in order to determine whether written conditions form part of the offer (and therefore the contract)

00:15 - MacRobertson v Commissioner of State Taxation (WA) (1975) 133 CLR 125

03:12 - MacRobertson v Commissioner of State Tax: Issue

03:18 - Airline (MacRobertson) Arguments

04:37 - Held: Ticket does not record terms of agreement, rather the terms of an offer subsequently accepted by conduct. The lack of any obligation imposed on the airline prevented the ticket from representing an enforceable agreement

07:20 - Distinguishing an offer from other conduct

07:29 - Why do we need to distinguish?

07:32 - Distinguishing an offer from other conduct

08:35 - Held: Ticket does not record terms of agreement, rather the terms of an offer subsequently accepted by conduct. The lack of any obligation imposed on the airline prevented the ticket from representing an enforceable agreement

Note - some questions were raised and I said I'd get back to the students. These are addressed in Episode 14 (Topic 2, Revisiting MacRobertsons Case)

Topic 2 Part 6 Australian Woollen Mills

Sat, 14 Mar 2020 12:56:13 +0000

Australian Woollen Mills v Cwth – demonstrates the link between offer, acceptance and consideration

02:59 - Unilateral Offers - Principles

Topic 2 Part 5 Bilateral v Unilateral Agreements

Sat, 14 Mar 2020 12:49:13 +0000

A brief overview of the differences.

Topic 2 Part 4 Carlill v Carbolic Smokeball

Sat, 14 Mar 2020 12:40:18 +0000

What's in this podcast?

00:00 - Carlill v Carbolic Smoke Ball Co [1893] 1 QB 256

02:22 - The (material) facts

03:13 - The advertisement

04:53 - Issues

06:33 - The Defendants Arguments

08:04 - The plaintiff’s arguments

11:12 - Judgement

Topic 2 Part 3 Gibson v Manchester City Council

Sat, 14 Mar 2020 12:28:32 +0000

What's in this podcast

00:00 - Gibson v Manchester City Council [1979] 1 WLR 294

1:19 - Letter from the council

02:36 - Gibson completed the application

03:04 - The issue

03:40 - Gibson’s arguments

04:11 - What test did the court apply?

05:22 - Let’s look at the council’s letter again

15:02 - Conclusions

15:45 - Was the decision fair?

Topic 2 Part 2 Why do a deep dive?

Sat, 14 Mar 2020 12:06:08 +0000

What's in this podcast?

00:00 - Introduction

00:19 - Contract problem solving

02:57 - To determine whether there is a contract, we need to determine whether all the formation elements are present.

04:00 - Think about..

04:19 - Problem solving:

05:15 - Topic 2 – Agreement: Offer

05:19 - Working through issues of agreement

07:11 - Nature of Agreement

09:54 - In a nutshell….

10:47 - __ So let’s get stuck in: Offer

10:53 - Nature of Offer

20:05 - __ “An offer is the manifestation of willingness to enter into a bargain, so made as to justify another person in understanding that his assent to that bargain is invited and will conclude it.”

Topic 2 Part 1 - Pre Class Quiz

Sat, 14 Mar 2020 11:56:44 +0000

You can do this quiz in canvas. We work through the questions and I comment on the answers.

Topic 1 Part 3 Some important concepts

Sat, 14 Mar 2020 10:53:42 +0000

What's in this podcast:

00:00 - Introduction

00:11 - Framework for our approach

01:21 - Defining a contract

02:26 - The noun v the verb

08:55 - Why should promises be enforced?

09:11 - What do you think?

09:11 - Presentation Paused

15:04 - A timeline

19:02 - What is private law?

20:34 - Legal Personality

22:36 - Contract v Tort

23:01 - Contract v Equity

27:56 - Statute & Contract

30:09 - International influences (and a particul

33:47 - Elements of contracts

35:15 - Vitiating Factors

39:28 - Classifications

39:40 - Presentation Resumed

39:40 - What was the last contract you entered into about?

39:42 - What do you think?

41:14 - Simple Contract v Formal Contract

43:17 - Void/Voidable

44:12 - Executed / Executory

45:20 - What should you read for Topic 1?

47:25 - Can contracts be enforced against minors

Topic 1 Part 2 What is a contract?

Sat, 14 Mar 2020 09:27:10 +0000

Topic 1, Part 1 - Introduction

Sat, 14 Mar 2020 08:24:25 +0000

The first part of our first face to face lecture - starting with a bit of a tech hiccough, hopefully the worst we'll encounter this semester.

Marked explicit because I've been known to drop the odd rude word and I was a little stressed!

Tutorial 1, Semester 1, 2020

Mon, 02 Mar 2020 23:29:51 +0000

This is a recording of our first tutorial for Semester 1, 2020. It's an overview of what to expect in this class and how to prepare. A video recording is also available on Youtube.

Oh, and the word I couldn't think of (at around 40 minutes in!) was "Certainty".... the IRONY!!

(The sound quality was even worse before a very handsome man fixed it for me. It's better now. #BeLikeStephen)