LAWS104 Lecture Notes - Lecture 9: Consideration, All England Law Reports, Owen Dixon

• School: Macquarie University
• Department: Law/Law Participation and Community Engagement
• Course: LAWS104
• Professor: Ilija Vickovich

Document Summary

Ways in which a court knows that a contract is over. The contract has been discharged and the parties have been discharged from their obligations. Implied agreements are not very common, abandonment is the most common. The agreement can be express or implied: abandonment. The courts will implement a test which is; where an inordinate length of time has elapsed (unreasonable in the circumstances) during which neither party has attempted to perform or called upon the other party to perform. If this is established, then it could be implied or inferred that the contract has been abandoned and the parties can be discharged from the obligations to the contract. Much more common than implied agreements: a valid agreement to discharge an existing contract must also itself amount to a valid and enforceable contract (requiring all the usual contractual elements to be satisfied)