Contract made by Deed Case: Balfour v Balfour Presumption sustained Case: Merritt v Merritt Presumption rebutted Case: Wakeling

v Ripley Presumption rebutted Case: Teen Ranch Pty. Ltd v Brown Presumption Sustained

Social Domestic matters/not legally binding

Intensional to create legal relationship Voluntary agreement

Commercial matters

Case: Carlill v Carbolic Smoke Ball Co. Presumption Sustained (Mere Puff) Rose & Frank v JR Compton & Bus Ltd Presumption Rebutted

Offer must be distinguished Communicated Offer Time Terms Actual creation of contract Termination of offer Must be made in reliance Counter offer Must be communicated Acceptance Communicated by authority Only the person offered can accept A very simple definition of a contract is that it is an AGREEMENT made between two or more persons that is LEGALLY ENFORCEABLE by one party against the other Revoke Legally Enforceable Contract Simple Contract (Can be written/oral) Essential Present or Future Must have some value Consideration Unenforceable Validity Must move from the promisee Voidable Void By post Valid Voidable Illegal Leagal Capacity Minor Void able contract Voide contracts Common mistake Mutual mistake Mistake Unilateral Case: Lewis v Avery Case: Candy v Lindsey Case: Taylor v Johnson Genuine consent Misrepresentation Fradulent Innocent Negligent Duress Undue influence Unconscionable contracts Leagallity of object No damages but indemnity Valid contract Beneficial contracts of service Sufficient in the eyes of law Nessasaries

Chapter 5 (Definition of Contract)

Vitiating Factors

Has got the skill

Construction of the contract

Representation or term The court will take into account

How important Time lapse

Express term

Impliedterms