Introduction

Contributed by Ian Macdonald and Su Mahalingham and current to 1 September 2005

Contract law is complex. The information given is intended to be a starting point in deciding if a right or remedy exists. However, expert advice will still be needed. In particular, you should not sign a document unless you have read it, understood it, agree with it, and want to be legally bound by it. If you are not sure, get legal advice before you sign. Once a contract is signed it is normally legally binding.

Contract law forms the basis of many every day interactions ranging from minor transactions such as buying a bus ticket or cup of coffee, to larger matters such as employment or purchasing a home.

In the last few decades specialised legislation in many areas of law has been introduced. This legislation usually supplements general contract law principles. Therefore, the starting point when working out your rights and obligations should always be the contract between the parties. Applicable legislation may affect the contract in a number of ways, such as:

• Imposing additional requirements that must be fulfilled for the contract to be legally binding, for example, requiring that certain documents be provided or requiring that the contract be in writing;
• Affecting the terms of the contract by implying additional terms, excluding certain types of terms, or specifying the format of the terms;
• Providing additional remedies to the parties in the event of a dispute.