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 Entitlement
Assignment #1
There are some agreements that seem to have the outwards signals of a contract – offer, etc. There are some agreements to look like contracts, but courts do not enforce.
For example, “I’ll make supper tonight if you make supper tomorrow night.” There we have offer, acceptance and consideration. However, if the person did not […]
Contract Law Rights
Privity
• If C is a stranger to a contract between A & B, then C must fail legal action
• In a contract between A & B in which C is a beneficiary, the A-B contract contemplates C. C is still a third party, but not a stranger – is actually named in the agreement.
o Beneficiary […]
Contract Law Consideration
This is the second class. Last week’s class was replaced by visit to N.B. C.A.
Remedies: Review from last day
• Principle remedy for a broken contract is a money-remedy – damages
o Again, do not confuse damages with damage. Damage is the injury. Damages is a technical term for the money remedy awarded by courts.
• The traditional […]










