Beruflich Dokumente
Kultur Dokumente
Formation of Contract
-Offer and Acceptance
-Intention
-Consideration
-Formalities
Overview of Contract law
In analysing contract, consider:
• Does a contract exist? – Topic 3(a)
• What does the contract say and has it
been breached? – Topic 3(b)
• Are there any reasons to allow ‘escape’
from the contract – Topic 3(c)
• What remedies are available to the
innocent party in contract cases? – Topic
3(d).
Law in Commerce/BTW1200 JO'Reilly & TLe 2
Essential elements of a
contract
• A contract is an agreement that the courts will
enforce.
• Certain key elements must be present for a
contract to exist:
S refuses to proceed.
What can B do?
Ye s
No
No
Has the offer lapsed by death
rejection or time or because Yes
of a condition precedent
No
• Source: D Khoury & YS Yamouni, Understanding Contract Law, Lexis Nexis Butterworths, Sydney, 2003, p 127.
• Advise Jerry.