 
- Contract Law Summary Notes!
What's in the Contract Law Summary Notes?
Our Contract Law Summary Notes will provide you with a clear and complete synthesis of the most important points you need for your Contract Law exam. The table of contents of our Contract Law Summary Notes is shown below.
Table of Contents for Contract Law Summary Notes
1. Introduction.. 4
A. How to use Cram Notes. 4
2. Was there an Offer? 4
A. Was an offer made?. 4
B. What was the nature of the offer?. 5
i. Invitation
to treat 5
1) Display of goods for sale. 5
2) Auctions. 6
ii. Unilateral
contract 6
C. Was the offer withdrawn or otherwise
cancelled?. 6
i. Withdrawn. 6
1) Options. 6
ii. Lapse. 7
iii. Counter-offer or
inquiry. 7
iv. Rejection. 7
v. Unilateral
contract 7
3. Was There
Acceptance of the offer? 7
A. Was there conduct indicating
acceptance. 7
B. How was the offer accepted?. 8
i. Expressly
communicated. 8
ii. Implied
acceptance (silence & by conduct) 8
iii. Offeror Dispenses
with Need for Communication (Unilateral contract) 9
iv. Postal Acceptance
rule. 9
1) Scope. 9
2) Application. 9
C. Which offer was accepted & on
what terms?. 9
i. Battle
of the forms. 10
4. Was There
Consideration? 10
A. What was the consideration bargained
for?. 10
i. Quid
pro quo. 11
ii. Illusory. 11
iii. Sufficiency of
consideration. 11
iv. Past consideration. 11
v. Existing
legal duty. 12
1) Exceptions. 12
B. Did consideration move from the
promisee?. 12
5. Was there an
Intention to Create Legal Relations? 12
A. Was there an objective and clear
intention to create legal relations?. 12
B. Presumptions. 13
i. Social
relationship. 13
ii. Commercial
relationship. 13
C. Government policy. 14
D. Preliminary agreements (subject to
contract) 15
6. Is the Contract
Complete and Certain? 15
A. Complete �V Does it contain all the
requisite essential terms?. 15
B. Certainty �V Can the imprecise &
ambiguous terms be given meaning consistent with intention? 16
i. Is
there a readily ascertainable external standard to give the term an appropriate
and reasonable operation? 16
ii. agreements to
agree or negotiate. 16
iii. Do terms depend on
settlement by third party?. 17
C. Is the promise illusory?. 17
D. Can the offending term be severed or
waived?. 17
7. Was there Privity
of Contract? 18
A. Is the person a party to the
contract?. 18
B. Has the person provided
consideration?. 18
C. Remedies available. 18
i. Damages. 18
ii. Specific
performance. 18
8. Was there conduct
giving rise to an Estoppel? 19
A. Forms of estoppel 19
i. Common
law estoppel 19
ii. Equitable
estoppel 19
B. Assumption as to existing fact or
future conduct 19
C. Inducement to adopt assumption.. 20
D. Reliance upon assumption.. 20
E. Representor knew or intended that
representor act in reliance. 20
F. Was the reliance detrimental?. 20
G. Representor failed to act to avoid
detriment 20
H. Is there proportionality between the
relief granted and detriment suffered?. 21
9. What are the Terms
of the Contract? 21
A. Incorporation of terms. 21
i. Written
terms and effect of signature. 21
ii. Incorporation
of terms by notice (ticket cases) 22
iii. Incorporation by a
Course of Dealings. 22
iv. Statements made
during negotiations. 23
B. Implied terms. 24
i. Terms
Implied in Law.. 24
ii. Terms Implied
in Fact 24
1) Formal contracts. 24
2) Informal contracts. 25
iii. Terms Implied by
Custom.. 25
C. Construing contract using extrinsic
evidence. 25
i. Parol
Evidence Rule. 27
1) Exceptions. 27
D. Exclusion clauses. 27
E. The requirement for good faith.. 29
10. Termination
& Breach of the Contract. 30
A. Right to Terminate By Agreement 30
i. Formal
Requirement of Termination. 30
ii. Termination
by Express Terms. 31
iii. Termination by
Implied Right 31
iv. Termination
by Subsequent Agreement 31
B. Right to Terminate following failure
of a Contingent Condition.. 31
i. Duty to Fulfill 31
ii. Failure of contingent condition. 32
C. Right to Terminate for Breach.. 32
i. Condition
vs intermediate term.. 33
D. Right to Terminate for Repudiation.. 33
i. Repudiation. 34
1) Instalment Contracts. 35
2) Misinterpretation of
Contract/Mistake. 35
E. Right to Terminate for Delay. 35
i. Is time
of the essence?. 36
ii. Termination
for delay. 36
iii. Notice to complete. 36
11. Restrictions
on the Right to Terminate. 37
A. Election (Affirmation) 37
B. Ready, willing and able. 38
C. Effect on Accrued Rights. 38
D. Relief
Against Forfeiture (Property) 38
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