This website uses cookies to ensure you get the best experience on our website. Learn more

GDL Law Notes GDL Contract Law Notes

Introduction Notes

Updated Introduction Notes

GDL Contract Law Notes

GDL Contract Law

Approximately 560 pages

A collection of the best GDL notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through applications from top students and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor". In short these are what we believe to be the strongest set of GDL notes available in the UK this year. This collection of GDL notes is fully updated for recent exams, also making them the most up-to-date GDL study materials ...

Available here

The following is a more accessible plain text extract of the PDF sample above, taken from our GDL Contract Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

  • - Historical development of contract law.

    • originally: only debt of specific sum enforceable in courts.

    • by 1602: Slade’s Case – assumpsit (‘he promised’) a general form of claim.

    • by end of 18C: general legal framework

    • 19C: development – growth in response to social + commercial demands.

      • post-industrial rev: most rapid growth – laissez-faire approach.

        • e.g. Printing & Numerical Registering Co v Sampson [1874-5]: ‘contracts, when entered into freely and voluntarily, shall be held sacred and shall be enforced by the Courts of Justice’.

    • today: principle of freedom of contract still, but with more paternalism/interventionism – courts concerned about unequal bargaining power.

    - Simple contracts: vast majority (vs. speciality contracts).

    • agreement: reached or deemed to be reached by parties.

    • rights + obligations: arise from agreement.

    • (some contractual relationships – specific rules: e.g. employment + consumer contracts).

    - Essential elements: ‘C.I.A.’.

    • 1. Agreement: consists of clear offer (by offeror) + acceptance (by offeree).

    • 2. Intention to create legal relations + capacity (i.e. must be capable of making a contract).

    • 3. Consideration: anything of value promised to another mutual exchange of consideration needed for binding contract.

    - Manner of agreement: any possible as long as parties in communication.

    • writing

    • word of mouth

    • inference: from conduct of parties + circumstances of case

    • or: any combination of above.

    - The test of agreement: intention of parties paramount.

    • test needed: courts decide disputes.

      • (a) whether agreement was reached at all; or

      • (b) terms of agreement: only if existence of contract established.

    • principles of dispute settlement: large function of contract law.

    - Intention and agreement.

    • evidence of intention: express terms + conduct.

    • objective test: Smith v Hughes [1870-71] – ‘reasonable man’: to avoid abuse.

      • but: subjective intentions sometimes considered:

        • Hatrog v Colin & Shields [1939]: offeror made clear mistake in terms of contract (price per pound instead of per piece) + offeree aware.

        • offeree cannot “snap up” offer which he knows/should reasonably know was made in error.

    • disputes: court can impose implied terms to effect presumed intention of parties.

    - Offer and acceptance: usual analysis to determine whether agreement reached.

    • bilateral contract: 1 party accepts firm offer of another.

    • unilateral contract:...

Buy the full version of these notes or essay plans and more in our GDL Contract Law Notes.

More GDL Contract Law Samples