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LAW600Sem: ELEMENTS OF THE LAW OF CONTRACT I TUTORIAL 6 What problems of intention are encountered when dealing with standard form contracts? What are some

LAW600Sem: ELEMENTS OF THE LAW OF CONTRACT I

TUTORIAL 6

What problems of intention are encountered when dealing with standard form contracts?

  1. What are some of the merits of standard form contracts?
  2. Citing case law, explain why there is no such thing in law as an agreement to agree.
  3. Citing case law and explaining the court's rationale; explain why a court may either imply terms or refuse to do so.
  4. Explain the Rule of Contra Proferentem. Do you agree with this rule and why?
  5. Citing case law, explain the term "reasonable notice".
  6. What test is applied in determining "unconscionability" of terms, cite case law in your answer. Why do you think this is so?

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