CONTRACT LAW SUMMARY 2011 - Lawskool

CONTRACT LAW SUMMARY 2011 Lawskool NEW ZEALAND CONTRACT LAW Page 2 TABLE OF CONTENTS CASES 7 1. INTRODUCTION 14 DEFINITION 14 TRADITIONAL ELEMENTS FOR LIABILITY OF BREACH OF CONTRACT 15 2. OFFER 16 AGREEMENT 16 What is an offer? 16 Advertisements 17 Contractual intention negatived 18 Auctions and Tenders 19 Tenders 19 TERMINATION OF OFFERE 21 Communication of Revocation 21 Revocation and Unilateral Contracts 22 Options Contracts 22 Rejection, Lapse, Non-occurrence and Death 23 State of affairs ceasing to exist 24 3. ACCEPTANCE 25 GENERAL RULES FOR ACCEPTANCE 25 Acceptance must be in response to the offer 25 Acceptance must be absolute and unqualified 26 Acceptance must generally be communicated 26 Silence as Acceptance 26 Acceptance must be unconditional 27 Postal Acceptance Rule 27 Displacing the Postal Acceptance Rule 28 Faxes 29 Electronic Communication 29 Acceptance can be inferred 29 Illusory Promises, Incompleteness and Uncertain Contracts 29 Illusory Promises 30 Incompleteness 30 The Machinery Clause 31 Failure of Machinery Clauses 32 CONTRACT LAW Uncertainty 32 Severance of Inessential Terms 33 4.

contract law lawskool.co.nz © 18.1 “person” and “in trade” 111 18.2 misleading or deceptive conduct 112 18.3 remedies for misleading and deceptiive conduct 112

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