MLC101 - Law for Commerce - Mini Case Studies - Law Assignment Help

Assignment Task:

Task:

RECAP: FORMATION OF A CONTRACT

Offer and acceptance

Intention to contract

Consideration or price

Capacity to contract

Genuine consent

Legality to contract

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RECAP: LEGALITY OF OBJECT

Purpose of a contract must not be illegal

Illegal by statute

Illegal or void by common law

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RECAP: CONTENTS AND

INTERPRETATION OF A CONTRACT

Terms vs representations

Collateral contract

Express terms – Conditions vs warranties

Exclusion clauses

Implied terms

 

TERMINATION BY PERFORMANCE

Is exact performance always required?

Where performance not as promised, this can be breach of contract

It becomes a question of fact whether:

Entire contract (exact performance required)

Cutter v Powell (1795) 101 ER 573

Divisible contract (express or implied
– performance due after other party has performed in stages). E.g., progress payments in building contracts

 

TERMINATION BY PERFORMANCE

(CONT.)

Partial performance & Time for performance

Partial performance

Innocent party can accept partial performance = effectively, this is a new contract.

Quantum meruit may be claimed or the innocent party would be “unjustly enriched”:

Sumpter v Hedges [1898] 1 QB 673

Time for performance

If no time is specified in contract, law requires performance within a reasonable time in the circumstances.

Where performance late = damages, unless time is of the essence (in which case contract may be terminated).

 

Parties may agree to terminate contract in various ways

1. Original contract

This may contain terms for it to be terminated on the occurrence of an event e.g. lease or loan agreement

If contract does not contain a provision as to its duration, the court may imply a right to terminate on giving reasonable notice to the other party: Crawford Fitting Co v Sydney Valve & Fittings Pty Ltd (1988) 14 NSWLR 438.

2. Subsequent agreement

Parties may agree to end contract after it was made or negotiate a substitute agreement to replace it.

 

Breaches of contract: not always termination

Not every breach entitles termination

Two situations where termination is commonly allowed are:

1. Where other party is
unwilling/unable to perform their obligations (i.e. they repudiate the contract) Laurinda Pty Ltd v Capalaba Park Shopping Centre Pty Ltd (1989) 166 CLR 623

2. Breach of a contractual “condition” or a “serious breach” of a “non-essential term” by the other party

Associated Newspapers Ltd v Bancks(1951) 83 CLR 322 (see [9.160])

L Schuler AG v Wickman Machine Tool Sales Ltd [1974] AC 235 (see [9.140])

Koompahtoo Local Aboriginal Land Council v Sanpine Pty Ltd (2007) 233 CLR 115 (see [11.240])

 

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