Limiting the Shifren principle continued... Where enforcement would be against public policy Where a party is estopped from enforcing a non-variation clause Cancellation of a contract: non-cancellation clauses

Chapter 3: Limitations of the will theory Reliance-based correctives The subjective approach as qualified by the doctrine of estoppel and the doctrine of quasi-mutual assent.

Introduction lecture

Termination of obligations

CHAPTER 1 NATURE AND BASIS OF CONTRACT

Assessment 1 Feedback Assessment 2 Preparation

Approach to contract: subject or objective? Dual basis of contract in modern law Proving the existence of a contract

WHEN AND WHERE ACCEPTANCE TAKES EFFECT

OFFER AND ACCEPTANCE: Offer, requirements for a valid offer, offers to the public

ASSESSMENT 2 FEEDBACK

PACTA DE CONTRAHENDO Options Legal effect of an option Duration Transferability Formalities Remedies

Restitutio in integrum Delictual damages Misrepresentation Misrepresentation distinguished from other precontractual misstatements warranties opinions statements as to the future and statements of law puffs dicta et promissa

Chapter 5 Contractual capacity

Duress Undue influence Abuse of circumstances Commercial bribery

Assessment 1 Feedback

CHAPTER 7 LEGALITY

Statutory illegality Constitutional invalidity Pacta de quota litis champerty and maintenance agreements

CHAPTER 7 RESTRAINT OF TRADE AGREEMENTS

CHAPTER 8 CERTAINTY The general rule Application of the certainty requirement Contracts containing a mechanism for certainty

Reliance based correctives The subjective approach as qualified by estoppel and quasi mutual assent The objective approach as qualified the the iustus error doctrine

PREFERENCE CONTRACTS Right of preemption Right of preemption compared with an option The obligations of the grantor The trigger event Bona fide offer Formalites Remedies for breach

The conclusion, performance and object of the contract must be lawful Specific examples of illegal or invalid contracts: contracts against good morals, statutory illegality

Chapter 7: Legality Introduction A: Illegal contracts that are void: Public interest

Constitutional invalidity: private and public agreements Pacta de quota litis, champertous and maintenance agreements Unfair contracts

CHAPTER 4 IMPROPERLY OBTAINED CONSENSUS Restitutio in integrum Delictual damages Misrepresentation Misrepresentation distinguished from other pre-contractual misstatements - warranties or contractual terms - opinions, statements as to the future and statements of law - puffs - dicta et promissa Misrepresentation and mistake