Please answer the following 8 questions below in short answer format. Essentials to know for these questions to be answered are the following:

-       This is based on contract law in AUSTRALIAN COMMON LAW AND THE CASES REFERED TO ARE AUSTRALIAN JURISDICTION.

-       Please refer to Australian common law sources ONLY as this is essential in all the questions, especially in discussing sections of the acts that have been provided below.

-       Academic sources based in Australia only.

-       http://www.austlii.edu.au is one of the main sources used for referencing back to acts and legislations in Australia.

-       These are short essay questions only 500 word answers for each question is enough.

 

(1)  Discuss the decision in Arfaras v Vosnakis [2016] NSWCA 65 in relation to proprietary estoppel and the intention to create legal relations.

 

(2)  Outline the operation of s11(1), (2) and (3)  Property Law Act 1969 (Western Australia). How do these sections impact upon and/or develop the common law? Can you provide a case example or examples illustrating the operation of these provisions?

 

(3)  Discuss the following statement from Heilbut Symons & Co v Buckleton [1913] AC 30 at 47:

“It is evident, both on principle and authority, that there may be a contract the consideration for which is the making of some other contract.  ‘If you will make such and such a contract I will give you one hundred pounds’, is in every sense of the word a complete legal contract.  It is collateral to the main contract, but each has an independent existence, and they do not differ in respect of their possessing to the full character and status of a contract.”

 

(4)  Discuss the following statement

“The question whether a term in a contract is a condition or a warranty…depends on the intention of the parties….The test… is…whether… the…promise is of such importance to the promisee that he would not have entered into the contract unless he had been assured of a strict or a substantial performance of the promise…and that this ought to have been apparent to the promisor…”.

In so doing, refer to the cases of:

§  Bettini v Gye (1876) 1 QBD 183

§  Poussard v Spiers and Pond (1876) 1 QBD 410

§  Tramways Advertising Pty Ltd v Luna Park (NSW) Ltd (1938) 38 SR (NSW) 632

§  Associated Newspapers Ltd v Bancks (1951) 83 CLR 322

 

(5)  The Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010 (Cth)) has made considerable inroads into the common law of contract. Given your studies in semester 1, elaborate on how the ACL impacts on portions of the Introduction to Contract Law course.

 

(6)  What is the parol evidence rule? When does it apply and what exceptions to the rule have been recognised by the courts?

 

(7)  Distinguish between essential terms (‘conditions’) and inessential terms (‘warranties’ or ‘intermediate terms’). What tests will determine the relevant classification of the term and what are the available remedies for each? Provide case examples to support your answer.

 

(8)   Discuss the distinction between incorporation by notice and incorporation by reliance in the ‘ticket cases’.