Contract Law Topics We Cover
- Formation: agreement (offer and acceptance), consideration, intention to create legal relations, certainty and capacity.
- Estoppel: promissory and equitable estoppel, including the principles in Waltons Stores (Interstate) Ltd v Maher.
- Terms: express and implied terms, incorporation by signature, notice and course of dealing, and the parol evidence rule.
- Construction: interpreting contracts, including the approach to ambiguity and surrounding circumstances.
- Exclusion clauses: incorporation, construction and statutory limits.
- Vitiating factors: misrepresentation, mistake, duress, undue influence and unconscionable conduct.
- Consumer statutes: the Australian Consumer Law, or in the UK the Consumer Rights Act 2015, the Unfair Contract Terms Act 1977 and the Misrepresentation Act 1967.
- Discharge: performance, agreement, breach, repudiation and frustration.
- Remedies: damages, including remoteness and mitigation, specific performance, injunctions and restitution.
Structuring a Contract Problem
Contract problems are easier to answer when you follow the life of the contract: Was a contract formed? What are its terms? Is it affected by any vitiating factor? Has it been breached or discharged? What remedies are available? Our experts use this sequence so the answer flows logically and no issue is missed.
Within each issue, the answer follows IRAC. For example: Issue: whether the advertisement was an offer or an invitation to treat. Rule: the general principle and relevant authority. Application: the specific wording of the advertisement and the parties' conduct. Conclusion: a clear statement, with an alternative argument if the facts are finely balanced.
Using the Right Cases for Your Jurisdiction
Australian and English contract law share their roots, but they have drifted apart on points such as estoppel, unconscionability and the role of good faith. Australian units expect Australian authority where it exists, so our experts use leading High Court decisions alongside classic English cases that Australian courts still rely on, read on AustLII and cited in AGLC4. UK modules expect authority from the UK Supreme Court, the House of Lords and the Court of Appeal, read on BAILII and cited in OSCOLA. Either way, citations include pinpoint references.
Consumer Law in Australia and the UK
Many contract problems now involve consumer statutes. In Australia, the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth) covers misleading or deceptive conduct under section 18, unfair contract terms and consumer guarantees. In the UK, the Consumer Rights Act 2015 sets out statutory rights for goods, services and digital content and controls unfair terms, while the Unfair Contract Terms Act 1977 limits exclusion clauses between businesses. These statutes often provide stronger remedies than the common law. Our experts consider statutory as well as common law options, which markers expect in a complete answer.
Contract Law Essays
Essays in contract law often ask you to evaluate a doctrine, such as whether consideration still serves a useful purpose, how far estoppel has developed or whether unconscionable conduct gives courts too much discretion. Our experts build a clear thesis and support it with cases, legislation, law reform reports and academic commentary.
Remedies in Detail
Remedies questions test careful reasoning. For damages, your expert works through causation, remoteness under the two limbs of Hadley v Baxendale, mitigation and the measure of loss. For equitable remedies, they consider whether damages are inadequate and the discretionary factors a court would weigh.
Common Mistakes in Contract Answers
- Writing a general essay about contract law instead of applying it to the facts.
- Stating rules without authority.
- Missing statutory options under the Australian Consumer Law or the Consumer Rights Act 2015.
- Concluding without considering the other side's argument.
- AGLC4 or OSCOLA errors in case names, report citations and pinpoints.
Using the Model Answer
Compare the issues in the model with those you spotted, and note how each rule is supported. Then practise applying the same structure to tutorial problems. Please use our work as a learning resource, in line with our fair use policy.
Price and Timeline
A 2,000-word contract problem is usually delivered within three to five days. Send your question for a fixed price within 30 minutes.
Writing Clear Legal Conclusions
Students often hedge so much that the marker cannot tell what they think. A good conclusion in a contract answer is clear about the most likely outcome and the reasons for it, while noting where the facts are uncertain. For example, an answer might conclude that a court would probably find the exclusion clause was not incorporated because notice was given after the contract was formed, but that the result could change if the parties had a consistent course of dealing. This shows judgement as well as knowledge.
Advising a Client
Some problem questions ask you to advise one of the parties. That changes the tone and structure. Advice should address the client's goals, set out their options and the risks of each, and recommend a course of action, all while remaining objective about weaknesses in their position. Our experts write advice in this practical, client-focused style when the question asks for it.