Situations in which terms may be implied into a contract is discussed. In addition different categories of terms and exclusions clauses are discussed.

Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Contact for permissions.

Situations in which terms may be implied into a contract is discussed. In addition different categories of terms and exclusions clauses are discussed.

Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Contact for permissions.

Situations in which terms may be implied into a contract is discussed. In addition different categories of terms and exclusions clauses are discussed.

Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Contact for permissions.

Situations in which terms may be implied into a contract is discussed. In addition different categories of terms and exclusions clauses are discussed.

Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Contact for permissions.

Situations in which terms may be implied into a contract is discussed. In addition different categories of terms and exclusions clauses are discussed.

Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Contact for permissions.

Here a term is define as a statement which parties intend to have legal force. A term is is also distinguished from a mere represention and express terms are distinguished from implied terms.

Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Contact for permissions.

This is about the legal status of persons. Who has the legal status which allows them to enter into agreements which become binding. It is about the capacity to consent to a legally binding agreement. Privity of contract is a rule to the effect that only parties to a contract may enforce obligations under the contract or derive a benefit from the contract.

Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Contact for permissions.

This is an element of a valid contract which distinguishes a social arrangement from an agreement intended to be legall binding. Here we discuss two rebuttable presumptions which apply to commercial transactions and to social arrangements. The courts presume that parties involved ina commercial transaction intend their agreement to be legally binding while parties in a social arrangement do not.

Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Contact for permissions.

As an element of a valid contract, consideration requires that something of value be provided in exchange for a promise. The general rule is that s contract will be unenforceable if no consideration is provided. However, a promise not supported by consideration may be enforceable through the application of the doctrine of promissory estoppel.

Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Contact for permissions.

To have a valid contract, all the elements of a contract must be present. If an offer is made, it must be accepted before an agreement could be said to have been reached. Where an offer is accepted, a binding contract will be created if all other elements are satisfied. One of the other elements is certainty of terms. This requires that all the terms (content of the contract) must be clear and certain, not illusory.

Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Contact for permissions.