Beste Contract Law podcaster (2025)

Intro / revision A discussion about consensus / Fitness First v Chong and the Rule in L'Strange v Graucob Why is it important to identify terms? Discussion about equitable remedies Luna Park v Tramways JJ Savage And moreAv Nolan, Cathryn

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Week 8 Drop in Tutorial 954:36:05

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4+ y ago954:36:05

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We covered a range of things - these tutorials are driven by your questions: citations/referencing in the exam; why does consideration move from the promissee? If Elliot, who is 4, entered into a contract with me to purchase a race track, and I didn't hand over the race track, could he sue me? how do the past consideration and part payment of a deb…

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Research for JD students 1382:03:58

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Brought to you by the RMITLSS, facilitated by Cathryn Nolan with special guest Anastasia Stepanovic, Legal Research and Training Librarian Maddocks and President of the Victorian Chapter of the Australian Law Librarian's Association. To access the 'annotated agenda' - including links to the websites and library databases discussed, see: https://sha…

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Topic 8.2 Privity - and some revision as well 1421:08:54

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Av Nolan, Cathryn

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Topic 8.1 Formalities 1293:37:12

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As we now have to record classes in Collaborate Ultra there is less ability to edit / cut up lectures easily (and less motivation to be frank). Version with video are available in Canvas.Av Nolan, Cathryn

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Drop in tutorial - Assignment 2 feedforward 3245:31:48

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We are now required to record in collaborate ultra rather than Zoom. This means I have less ability (and inclination!) to edit the recordings. You will find the video and slidepack in Canvas.Av Nolan, Cathryn

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Topic 6 Intention - Commercial Contracts 841:55:36

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More from the time capsule... 00:00 - Introduction 00:35 - Commercial Transactions 01:53 - Agreements to agree are never binding 05:12 - Commercial Transactions – Honour Clauses Textbook: 5.20 08:34 - Commercial Transactions 17:00 - Letters of Comfort : 19:20 - Banque Brussels v Australian National Industries Ltd 25:44 - Contrasting Results 27:42 -…

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Topic 6.1 Intention 363:35:44

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Unfortunately we had all sorts of trouble with the livestream class - thank you to those who were there and so patient and undertstanding - so this is a recording of last semester's class on the same topic. 00:00 - Introduction 00:23 - Week six – Semester two 02:45 - What do we cover in this topic? 02:48 - Overview: Intention to create legal relati…

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Week 5 Drop in Tutorial 834:24:33

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Mainly we discussed the assignment - word count, referencing, finding cases, structure.... and cats.Av Nolan, Cathryn

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Part 4 Final remarks and some Q&A 312:13:17

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Av Nolan, Cathryn

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Part 3 Ace Cubbies v Timbertop Nurseries 571:20:56

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You can find the problem and a quiz with the questions in CanvasAv Nolan, Cathryn

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Topic 5 Activity 1012:40:23

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Not sure how this one will translate to Audio Only! This is a recording of a class activity - with a number of hiccoughs along the way due to the livestream nature of the class!Av Nolan, Cathryn

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Topic 5 Part 1 Livestream Lecture Recording 1086:43:49

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Table of Contents: 00:00 - Introduction 00:48 - Quiz / problems… I’m making a change 04:30 - Consideration 05:59 - Learning objectives 07:33 - Past Consideration 08:34 - Past Consideration Rule 10:00 - Roscorla v Thomas 11:53 - Exceptions: Lampleigh v Braithwait 14:21 - Exceptions: Ipex Software Services Pty Ltd v Hosking 16:26 - Existing Legal Dut…

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Topic 4 Part 5 Wrap up and Question Time 198:47:04

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Av Nolan, Cathryn

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Topic 4 Part 4 Why is Consideration Required? Key critisms 238:12:28

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Discussion includes Kirby J's reasons for the requirement of consideration as discussed in Woolworths v KellyAv Nolan, Cathryn

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Topic 4 Part 3 Key Cases 223:35:37

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In this part of the class recording we discuss AWM and Beaton v McDivittAv Nolan, Cathryn

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Topic 4 Part 2 Consideration Rules Framework 143:27:21

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Av Nolan, Cathryn

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Topic 4 Part 1 - Introducing Consideration 109:32:24

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Av Nolan, Cathryn

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Assignment Feedforward - How to write a memo 1062:02:14

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Av Nolan, Cathryn

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Drop in Tutorial #2 872:43:45

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Thanks to those who attended. Unfortunately the sound quality is not excellent - a problem of bandwith in these crazy times! We discussed a whole lot of things, including: the assignment citing cases thinking about research agreement / consensus and other stuffAv Nolan, Cathryn

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Topic 3 Part 9 Wrapping up Acceptance 245:18:42

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Brinkibon v Stahag Stahl Some key take aways Some end of class Q&AAv Nolan, Cathryn

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Topic 3 Part 8 The Postal Acceptance Rule / Acceptance by email 173:16:44

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Av Nolan, Cathryn

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Topic 3 Part 7 Conduct constituting acceptance 66:13:40

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In this one I provide a brief outline of Machon Paull v Empirnall Holdings - we mention Felthouse v Bindley as well, but for more information about that one go back to the Topic 3 pre class quiz where I discuss it in more detail.Av Nolan, Cathryn

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Topic 3 Part 6 Communicating Acceptance 159:09:30

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What in practice does it look like to communicate acceptance? In this brief excerpt of the class we look at Latec Finance v KnightAv Nolan, Cathryn

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Topic 3 Part 5 Unilateral Contracts and Acceptance 88:56:23

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How is a unilateral offer accepted? Does the offeree need to be aware of the offer in order to accept it. We look at R v Clarke in this short case overview.

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Topic 3 Part 4 Fitness First v Chong 154:43:55

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A brief case note - the principle is known as the Rule in L'Strange v Graucob - which we will come back to much later in the semester. The case is important to understand the importance of a signed document even when there is no meeting of the minds (consensus ad idem)

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Topic 3 Part 3 Taylor v Johnson 58:36:05

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A very brief case study - this case helps us understand the way that the courts apply an objective test to determining whether a person has accepted an offer.Av Nolan, Cathryn

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Topic 3 Part 2 Rules 428:59:45

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What's in this recording 00:00 - What is Acceptance? 05:07 - Acceptance - Formula 05:33 - Some issues that arise: 07:09 - Rules on Acceptance 22:04 - Approaches to Acceptance (objective test) 25:16 - How courts determine whether acceptance has occurredAv Nolan, Cathryn

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Topic 3 Part 1 Agreement - Acceptance & Consensus Pre Class Quiz 384:35:42

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Not sure how this one will work without the pictures, but try playing along at home if you can!Av Nolan, Cathryn

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Topic 2 Options 185:37:44

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Table of Contents: 00:00 - Introduction 09:05 - Lapse of offers 09:25 - Failure of condition 09:41 - Rejection 10:46 - Counter offerAv Nolan, Cathryn

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Topic 2 Revocation of offers 254:20:44

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Av Nolan, Cathryn

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Topic 2 - Revisiting MacRobertsons Case 91:20:03

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Further to a question that was asked on Saturdays lecture - expanding on the issues.Av Nolan, Cathryn

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14 March 2020 Class Introd - Times for Tutorials 72:48:07

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Explains the basis on which a time was selected - 7:30pm on Saturdays. Note at the end is supposed to make you feel relaxed about whether you attend or not.Av Nolan, Cathryn

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Topic 2 Part 8 Distinguishing offers from other conduct 478:19:52

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What is covered in this podcast? Distinguishing an offer from other conduct 00:02 - Why do we need to distinguish? 02:34 - Issues arising with invitations 03:23 - Offers versus invitations to treat 03:25 - Fisher v Bell [1961] 1 QB 394 (see Canvas for a link) 03:25 - Offers versus invitations to treat 03:29 - Issues arising with invitations 03:32 -…

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Topic 2 Part 7 Macrobertson's Case 197:03:53

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What's in this podcast Identifying when a contract has been formed in order to determine whether written conditions form part of the offer (and therefore the contract) 00:15 - MacRobertson v Commissioner of State Taxation (WA) (1975) 133 CLR 125 03:12 - MacRobertson v Commissioner of State Tax: Issue 03:18 - Airline (MacRobertson) Arguments 04:37 -…

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Topic 2 Part 6 Australian Woollen Mills 59:25:43

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Australian Woollen Mills v Cwth – demonstrates the link between offer, acceptance and consideration 02:59 - Unilateral Offers - PrinciplesAv Nolan, Cathryn

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Topic 2 Part 5 Bilateral v Unilateral Agreements 115:05:28

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A brief overview of the differences.Av Nolan, Cathryn

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Topic 2 Part 4 Carlill v Carbolic Smokeball 212:08:10

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What's in this podcast? 00:00 - Carlill v Carbolic Smoke Ball Co [1893] 1 QB 256 02:22 - The (material) facts 03:13 - The advertisement 04:53 - Issues 06:33 - The Defendants Arguments 08:04 - The plaintiff’s arguments 11:12 - JudgementAv Nolan, Cathryn

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Topic 2 Part 3 Gibson v Manchester City Council 289:51:01

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What's in this podcast 00:00 - Gibson v Manchester City Council [1979] 1 WLR 294 1:19 - Letter from the council 02:36 - Gibson completed the application 03:04 - The issue 03:40 - Gibson’s arguments 04:11 - What test did the court apply? 05:22 - Let’s look at the council’s letter again 15:02 - Conclusions 15:45 - Was the decision fair?…

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Topic 2 Part 2 Why do a deep dive? 351:33:00

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What's in this podcast? 00:00 - Introduction 00:19 - Contract problem solving 02:57 - To determine whether there is a contract, we need to determine whether all the formation elements are present. 04:00 - Think about.. 04:19 - Problem solving: 05:15 - Topic 2 – Agreement: Offer 05:19 - Working through issues of agreement 07:11 - Nature of Agreement…

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Topic 2 Part 1 - Pre Class Quiz 165:48:44

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You can do this quiz in canvas. We work through the questions and I comment on the answers.Av Nolan, Cathryn

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Topic 1 Part 3 Some important concepts 806:12:15

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What's in this podcast: 00:00 - Introduction 00:11 - Framework for our approach 01:21 - Defining a contract 02:26 - The noun v the verb 08:55 - Why should promises be enforced? 09:11 - What do you think? 09:11 - Presentation Paused 15:04 - A timeline 19:02 - What is private law? 20:34 - Legal Personality 22:36 - Contract v Tort 23:01 - Contract v E…

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Topic 1 Part 2 What is a contract? 342:20:05

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Av Nolan, Cathryn

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Topic 1, Part 1 - Introduction 340:57:22

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The first part of our first face to face lecture - starting with a bit of a tech hiccough, hopefully the worst we'll encounter this semester. Marked explicit because I've been known to drop the odd rude word and I was a little stressed!Av Nolan, Cathryn

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Tutorial 1, Semester 1, 2020 984:35:29

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This is a recording of our first tutorial for Semester 1, 2020. It's an overview of what to expect in this class and how to prepare. A video recording is also available on Youtube. Oh, and the word I couldn't think of (at around 40 minutes in!) was "Certainty".... the IRONY!! (The sound quality was even worse before a very handsome man fixed it for…