Formation - Lecture 1 - A Cleland

7/29/2019 Formation - Lecture 1 - A Cleland

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Contract

Formation

lecture 1


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Part II

You arerewiring your

brain

Takes time

Use ILAC/IRAC


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Reading cases

Why?

See legal

thinking

See how toanswer legal

questions


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Briefing cases- FILAAC

Relevant Facts Legal Issue(s)

Relevant Law

Legal Analysis

& Application

Conclusion


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Learning methods and expectations

Lectures do not tell youeverything

Lectures have 2 main

purposes (1) explain key concepts

(2) analyse key cases


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Powerpoints help identifymain points/issues to note

You need to have your own

accessible andcomprehensible notes


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Work smart Lectures not enough

You learn through

Reading material

Writing tutorialanswers

Self-study

Discussion in studygroups


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You can expect Audibility

Clarity Answers to some

questions


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I expect Reading before class

Active listening Participation


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Questions/clarification

E-mail

[email protected]

Office hours M, W 1.30-3.30pm

Room 3.22, Bldg 803

Extn. 82713
mailto:[email protected]:[email protected]


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Lecture coverage

Learning outcomes

Assessment

What is contract law

about?

Introduction to formation

of contract


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Learning outcomes

Be able to

Access, select, comprehend

and apply correct concepts,

principles, doctrines andrules

Identify relevant information


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Building your legal skills


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Why the case ninja?

Application notregurgitation


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Assessment

2 tests 7 May, 20 August

1 essay hand in use the legalwriting style guide

1 examination end of year completion of tests and essay

required to be eligible to sit


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What is contract law about?

Formation,performance and

enforcement ofagreements

recognised by law


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Formation of contract

A contract creates alegally enforceable

obligation that has

been voluntarily

entered into


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The laws approach

Objective


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Formation of contract

Offer

Acceptance of offer

Consideration

Certainty


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Formation of contract offers

Offer=an expression of

willingness to be

legally bound on

certain terms


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Offers?

How would you like to meetfor a drink this evening?

Ill buy your car for $3,500

FOR SALE: Laz e boyarmchair, black leather, $800o.n.o.

Off ?


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Offers?


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Offers Harvey v Facey

Will you sell us Bumper Hall Pen?

Telegraph lowest cash price

Lowest cash price for

Bumper Hall Pen 900

We agree to buy Bumper

Hall Pen at the sum of 900

asked by you.


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Pharmaceutical Society v Boots

Relevant facts:

Self service Cashier checked items at cash

desk

If sale involved drug, pharmacistsupervised cash desk transaction

Pharmacist could prevent

transaction


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Legal issue(s):

Were the sales of medicine

containing poison done under

supervision of registered

pharmacist? Were sales completed before

customers reached cash desk?


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Relevant law:

Customer makes offer when takes

goods to cash desk. Offer accepted

when the cashier proceeds with the

sale.


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Analysis and application

Customers free to change mind

Offer made when took item to cash

desk

Sale completed at cash desk

Medicine sales under pharmacists

supervision


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Key concepts

Something short of an offer:

Invitation to treat


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Preparation in advance of next lecture

Review notes from lecture

Read and brief:

Harvey v Facey

Pharmaceutical Society v Boots;

Carlill v Carbolic Smoke BallCompany

10 pages

Documents

Formation - Lecture 1 - A Cleland