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Contract Law - LW202
32 minutes | Dec 7, 2020
22. Unfair Terms B
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.
30 minutes | Dec 7, 2020
21. Unfair Terms A
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.
42 minutes | Nov 29, 2020
20. Implied Terms B
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.
34 minutes | Nov 29, 2020
19. Implied Terms A
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.
33 minutes | Nov 22, 2020
18. Incorporation B
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.
35 minutes | Nov 22, 2020
17. Incorporation A
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.
34 minutes | Nov 16, 2020
16. Parol Evidence “Rule”?
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.
33 minutes | Nov 15, 2020
15. Express Terms
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.
23 minutes | Nov 8, 2020
12. Intention A
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
35 minutes | Nov 8, 2020
13. Intention B
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
25 minutes | Nov 8, 2020
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
36 minutes | Nov 1, 2020
11. Promissory Estoppel
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
34 minutes | Oct 5, 2020
3. Offers – a
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?
28 minutes | Sep 20, 2020
Why is agreement important in contract law?
28 minutes | Sep 17, 2020
1. Introduction to Contract Law
In this introductory lecture, we discuss the unusual legal nature of contract, the moral and social importance of contract, the approach we will take to studying contract law, the importance of theory in understanding contract law, and a famous contract law puzzle. You list below or download here.
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