Contract Law - LW202

In the lecture we continue our discussion of unfair terms by focusing on the validity of exclusion clauses under the Sale of Goods Act 1893 and the Sale of Goods and Supply of Services of Act 1980. We also, more briefly, discuss the EC Unfair Terms Directive. You can download the episode here or listenContinue reading "22. Unfair Terms B"

In this lecture, we finish up our discussion of implied terms in contract law. We do so by focusing on the role of policy judgments in cases about terms implied in law, the rules in relation to customs and practices, terms implied under statutes and terms implied by the Irish constitution. You can download theContinue reading "20. Implied Terms B"

In this lecture we continue to discuss the three methods for incorporating a term into a contract, focusing on the modern cases on incorporation by notice as well we the rule on incorporation by custom or course of dealing. You can download here or listen below. 

In this podcast, we look at the old common law parol evidence rule. This “rule” concerns whether extrinsic evidence can ever be introduced to modify, vary or contradict the terms of a written contract. As we shall see, this probably shouldn’t be called a ‘rule’ but, rather, a presumption. You can download the podcast hereContinue reading "16. Parol Evidence “Rule”?"

Classically, people thought there were three main ingredients for a binding legal contract: offer, acceptance and consideration. In the 20th century, a fourth element was added in a series of famous cases: intention to create legal relations. In this lecture, we explore why this happened. You can listen below or download here. https://archive.org/embed/12-intention-a

This lecture, briefly, covers potential formal requirements in contract law. The main one being that a contract for certain kinds of goods or services must be evidenced in writing. This requirement originated in the 1695 Statute of Frauds but its practical impact, though still relevant, has diminished somewhat over time as writing has become aContinue reading "14. Formalities"

In this lecture we will wrap up on consideration. We will discuss the case law on whether the part-payment of a debt can be sufficient consideration. As we will see, the case law is somewhat inconsistent on this matter and a recent English case called Rock v MWBfailed to clarify the law. You can listen below or download here.Continue reading "10. Consideration B"

In this lecture, we return to the claim made in lecture 2 — that agreement is the foundation of contract law — and reconsider it. I try to argue, based on what we now know about the rules of offer and acceptance, that agreement is not the foundation of contract law. You can listen below or download here. https://archive.org/embed/7.-is-agreement-really-foundation

In this lecture we continue to discuss the rules relating to acceptance. We focus, in particular, on two issues (i) the distinction between an offer and a counter-offer (and how this gives rise to the so-called ‘battle of the forms’) and (ii) the strange legacy of the postal rule for the communication of acceptance via post. You can listenContinue reading "6. Acceptance – B"

In this lecture we will discuss offers in auctions and tenders, and the revocation of offers.

Why is agreement important in contract law?