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

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

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

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

CHAPTER 9 CONTRACTS AND THIRD PARTIES Privity of contract Contracting through an agent Contract for the benefit of a third party stipulatio alteri

OBLIGATIONS AND TERMS Classification of obligations Essentialia Naturalia Incidentalia EXPRESS TERMS Signed contracts the caveat subscriptor rule Standard-form contracts Unsigned contracts Ticket cases Notices

CHAPTER 12 Mora creditoris Positive malperformance

The purpose of the contract The words used by the parties The textual context The broader context The parol evidence rule

CHAPTER 12 FORMS OF BREACH Introduction Mora debitoris

CHAPTER 12 PREVENTION OF PERFORMANCE

CHAPTER 13 Contract or delict Remedies aimed at keeping the contract alive Exceptio non adimpleti contractus Requirements Factors affecting the application of the exceptio Courts equitable discretion

Chapter 5 Contractual capacity

Duress Undue influence Abuse of circumstances Commercial bribery

Assessment 1 Feedback