Chapter 06 - Learning Objectives

After studying this chapter, you should be able to:

1. What are the consequences of one of the parties to a contract making a false representation or breaking a promise?
2. What is a ‘term of the contract’? What is the effect of a term being included in a written and signed contract? How can a term be included in a contract that is not in writing and signed? When will the common law imply terms into a contract? When can one party terminate a contract because of the other party’s breach?
3. What terms are implied into contracts by the sale of goods legislation?
4. What is the difference between a term and a non-contractual representation or promise? When will a non-contractual representation or promise be enforceable?
5. Who can enforce a contract? What are disclaimers and how do they protect a party from the consequences of breach? Are there types of contractual term that a court will not enforce?
6. If the contract has been breached, when will the other party be entitled to damages? What equitable remedies are available in the event of a breach of contract? What statutory remedies are available in the event of a breach of contract?
7. How can a contract be terminated by agreement? When will a contract be frustrated?