Contract

Formation lecture 1

Part II

You are rewiring your brain Takes time Use ILAC/IRAC

Reading cases

Why? See legal thinking See how to answer legal questions

Briefing cases- FILAAC

Relevant Facts Legal Issue(s) Relevant Law Legal Analysis & Application Conclusion

Learning methods and expectations

Lectures do not tell you everything Lectures have 2 main purposes (1) explain key concepts (2) analyse key cases

Learning methods and expectations

Powerpoints help identify main points/issues to note You need to have your own accessible and comprehensible notes

Learning methods and expectations

Work smart Lectures not enough

You learn through Reading material Writing tutorial answers Self-study Discussion in study groups

Learning methods and expectations

You can expect Audibility Clarity Answers to some questions

Learning methods and expectations

I expect Reading before class Active listening Participation

Questions/clarification

E-mail alison.cleland@auckland.ac.nz Office hours M, W 1.30-3.30pm Room 3.22, Bldg 803 Extn. 82713

Lecture coverage

Learning outcomes Assessment What is contract law about? Introduction to formation of contract

Learning outcomes
Be able to

Access, select, comprehend and apply correct concepts, principles, doctrines and rules Identify relevant information

Building your legal skills

Why the case ninja?

Application not regurgitation

Assessment

2 tests 7 May, 20 August 1 essay hand in use the legal

writing style guide

1 examination end of year

completion of tests and essay required to be eligible to sit

What is contract law about?

Formation, performance and enforcement of agreements recognised by law

Formation of contract

A contract creates a legally enforceable obligation that has been voluntarily entered into

The laws approach

Objective

Formation of contract

Offer Acceptance of offer Consideration Certainty

Formation of contract offers

Offer = an expression of willingness to be legally bound on certain terms

Offers?

How would you like to meet for a drink this evening? Ill buy your car for $3,500

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

Offers?

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.

Pharmaceutical Society v Boots Relevant facts:

Self service Cashier checked items at cash desk If sale involved drug, pharmacist supervised cash desk transaction Pharmacist could prevent transaction

Pharmaceutical Society v Boots

Legal issue(s): Were the sales of medicine containing poison done under supervision of registered pharmacist? Were sales completed before customers reached cash desk?

Pharmaceutical Society v Boots

Relevant law: Customer makes offer when takes goods to cash desk. Offer accepted when the cashier proceeds with the sale.

Pharmaceutical Society v Boots

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

Key concepts Something short of an offer:

Invitation to treat

Preparation in advance of next lecture

Review notes from lecture Read and brief: Harvey v Facey Pharmaceutical Society v Boots; Carlill v Carbolic Smoke Ball Company 10 pages