Contract Law Lessons
Foakes v. Beer (missed last class – interviews)
• Why doesn’t the ruling in this case come under pre-existing duty?
• Why do we need a separate rationale?
o We do not need the rule from Foakes v. Beer – equally analysable under pre-existing duty
o Separate island of jurisprudence all to itself, very similar to pre-existing duty rule
o […]
Contract Law Past Consideration
Consideration:
• Number of plausible ways to look at the different types of agreements that the law will enforce
o In common law, we enforce almost none of these
o Consideration: The type of promises that we enforce end up coinciding with what would be looked at if we said we would enforce “serious promises”, etc.
• Requires evidence […]
Contract Law Basics
Consideration
• Promises – the law does not enforce promises per se.
o Promises of gifts are not enforceable.
o The law considers the spirit of altruism rare.
• What criteria should we use to categorize the subset of promises that attract legal enforceability?
o What would be a sensible way to do this?
o The promises which the law should […]
English Contract Law
Promissory Estoppel:
• There are 57 different types of estoppel under our legal system.
• This is why it must be qualified as promissory estoppel.
o Invented by Denning L. in 1940s.
o Original formulation had in it ambiguitiy almost to the point of contradiction.
• Para 2 on page 316
o 3 or 4 diff formulations just in that one […]
Construction Contract Law
Waltons Stores (Interstate) Ltd. v. Maher
Facts:
• Negotiating towards a lease
• Waltons leads the prospective landlord to believe that there will be a lease.
• As such, the landlord does what they have to do get the new building up on time for Waltons
• New building 40% completed when Waltons walked away.
• Landlord sues, alleging in effect […]










