TOPICS

Contract formation, making a contract

How and when agreements become contracts; 6.1.

Distinguishing contracts from other agreements; 6.1.1.

The essential requirements of contract formation; 6.1.2.

Contract formation, intention to be legally bound

The importance of the intention to be legally bound; 6.2.1.

How the necessary intention is established; 6.2.2.

Agreements between family members; 6.2.3.

Other cases requiring proof of intention; 6.2.5.

Agreements in trade or commerce; 6.2.6.

Agreements that are to be formalised later; 6.2.7.

Letters of comfort; 6.2.8.

Other relevant factors; 6.2.9.

Contract formation, formal execution

Formal agreements; 6.3.2.

Informal agreements; 6.3.3.

Contract formation, consideration

The importance of a 'bargain'; 6.3.4.

Consideration; 6.3.5.

The adequacy of consideration; 6.3.6.

'Benefit' or 'detriment' as consideration; 6.3.7.

Something already done as consideration; 6.3.8.

Consideration in 'unilateral' contracts; 6.3.9.

Something already due as consideration; 6.3.10.

A practical benefit as consideration; 6.3.11.

A compromise as consideration; 6.3.12.

Promises to do something for a third party; 6.3.13.

Contract formation, agreement

Agreement as an element of contract formation; 6.4.1.

Negotiation and agreement distinguished; 6.4.2.

The content of promises made; 6.4.3.

Conditional agreement; 6.4.4.

Readiness to contract; 6.4.5.

Offers to contract; 6.4.6.

The person to whom an offer is made; 6.4.7.

Withdrawing an offer; 6.4.8.

Acceptance of offers; 6.4.9.

Acceptance by post; 6.4.10.

Acceptance by fax, telex or email; 6.4.11.

Acceptance by performing an act; 6.4.12.

'Acceptance' before kno6.4.14.

Establishing the element of agreement in difficult cases; 6.4.15.

Contract formation, online transactions

Rules that apply to contracts made online; 6.5.1.

Online offer and acceptance; 6.5.2.

The use of electronic communications; 6.5.3.

The law that applies to online transactions; 6.5.4.

Contract formation, capacity to contract

The importance of capacity to contract; 6.6.1.

Contracts involving minors; 6.6.2.

The capacity of persons with mental disabilities; 6.6.5. 

Other circumstances involving limited contractual capacity; 6.6.6.

Contract, privity of contract

The private nature of contractual obligations; 6.7.1.

The right to enforce a contractual obligation; 6.7.2. 

Contract, promissory estoppel

Special cases in which agreements may be enforced; 6.8.1.

The 'normal' effect of a mistaken belief on a transaction; 6.8.2.

Ordinary estoppel; 6.8.3.

Creating obligations by estoppel;  6.8.4.