Contract Law - LW202

In this lecture we start our discussion of unfair terms in contract law by focusing on the validity of exclusion clauses under common law rules. You can download the podcast here or listen below.

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 listen below.

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 the episode here or listen below. 

In this lecture we discuss the general phenomenon of implicature in linguistics and how it might apply to contract law. We also discuss the classic common law rule on terms implied in fact and in law. You can download the podcast here or listen below.

In this lecture we start to discuss the three methods used to incorporate a term into a contract. We cover incorporation by signature and the old case law on incorporation by notice. You can download the episode here or listen below.

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 here or listen below.

In this podcast, we start our examination of the rules relating to the incorporation of terms into a contract. We do so by looking at the general rule in relation to how courts decide whether something counts as a term or not. You can download the podcast here or listen below.

In this lecture we continue to look at the rules in relation to intention to create legal relations, focusing on the three main categories of agreements discussed in the case law: (I) domestic agreements; (ii) social agreements and (iii) commercial agreements. In the first two, it is presumed that there is no intent to create legal relations. In the last one, it is presumed that there is an intention to create legal relations. You can listen below or download here. https://archive.org/embed/intention-b

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 a more common method of communication. You can listen below or download here. https://archive.org/embed/14.-formalities

If you make a promise to someone, stipulating that you will refrain from exercising your strict legal rights, and the other person acts on this promise, in good faith, then the law may enforce that promise, even if no consideration has been provided for it. We call this scenario promissory estoppel and that’s what this lecture is about. You can listen below or download here. https://archive.org/embed/11.-promissory-estoppel

In this lecture we will continue to discuss the rule on consideration in contract law. We will focus on whether a promise to perform a pre-existing duty can amount to sufficient consideration, ending with the controversial English case of Williams v Roffey Bros. You can listen below or download here. https://archive.org/embed/9.-consideration-26-09-2020-12.11

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. https://archive.org/embed/10-consideration-26-09-2020-14.07

In this lecture we will introduce the rule on consideration. Consideration is one of the key things that separates contracts from other kinds of agreements. Consideration is defined as the value exchanged between the parties to a contract. But what kinds of value count for legal purposes? You can listen below or download here. https://archive.org/embed/8-consideration-26-09-2020-11.11

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 discuss the rule regarding the acceptance of an offer and five qualifications of that rule. You can listen to the lecture below or download here.

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 listen below or download here.

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

In order for there to be a binding legal contract, one party must make an offer to another party. But what, in law, is an offer? Or, perhaps more importantly, what, in law, does not count as an offer? Where do we draw the line between offers and non-offers?