TOPICS

Contract, contents

The importance of a contract's contents; 7.1.

Ascertaining the contents of a contract; 7.1.1.

Terms, opinions, puffery, and representations distinguished; 7.2.

The importance of identifying different kinds of statement; 7.2.1.

Contract, contents, terms

Identifying the terms of a contract; 7.2.2  

Classifying terms as conditions or warranties; 7.2.3.

Terms and Represent; 7.2.5.

Terms and Puffery; 7.2.6.

Contract, contents, express and implied agreement to terms

Different ways of 'agreeing' to terms; 7.3.1.

Inclusion of terms in signed documents; 7.3.2.

Inclusion of terms after formation; 7.3.3.

Inclusion of terms by reference to other documents; 7.3.4.

Inclusion of terms in tickets; 7.3.5.

Inclusion of terms in non-contractual documents; 7.3.6.

Inclusion of onerous and unusual terms; 7.3.7.

Terms agreed by implication; 7.3.8.

Agreement to terms in online contracts; 7.3.9.

Contract, contents, terms that exclude or limit liability

Shifting liability by agreement; 7.4.1.

The enforceability of terms that exclude liability; 7.4.2.

The enforceability of terms that limit liabili7.4.4.

Contract, contents, proving the existence of agreed terms

Written and oral contracts; 7.5.1.

Written contracts and the parol evidence rule; 7.5.2.

Partly written and partly oral agreements; 7. 5.3.

Application of the parol evidence when agreements are ambiguous; 7.5.4.

Application of the parol evidence rule when there are mistakes in contracts; 7.5.5.

The parol evidence rule and 'collateral warranties'; 7.5.6.

Contract, contents, terms implied by law into all contracts

Universal terms; 7.6.1.

A 'universal' duty of cooperation; 7.6.2.

A universal 'duty of good faith'; 7.6.3.

Contract, contents, terms implied by law into particular kinds of contract

Providing for matters not dealt with in the agreed terms; 7.7.1.

Contracts for professional services; 7.7.2.

Contracts involving bailment; 7.7.3.

Contracts of employment; 7.7.4.

Generic terms in contracts for the sale of goods; 7.7.5.