Double operation of contractual terms and accepting discharge without waiving breach
When is repayment not really repayment? And can accepting money preserve a breach? Shao forces practitioners, and the courts, back to first principles.
The Pepsi case: did the Federal Court bottle it?
In its first application of nascent tax laws, the Court considers what constitutes a contractual right and the new diverted profits tax.
Reliance damages: who’s liable?
The High Court explores the application of the facilitation principle when the quantum of loss from reliance on unperformed promises is uncertain.
Construction of a contract of life insurance
The Court of Appeal has handed down a unanimous decision regarding the proper construction of a contract of life insurance.
Damages for breaches of statutory guarantees
Recent NSW Court of Appeal decision in Scenic Tours v Moore considers the damages awardable under the Australian Consumer Law for breaches of statutory guarantees.
Beware of unfair general security terms when dealing with SMEs
Small businesses should review general security clauses in their standard contracts to avoid findings of unfair, void or unenforceable contracts.
Limitation periods: Simple? Not always
Time limits – love ‘em or hate ‘em, you’ve gotta know them.
ACCC wins first B2B unfair contract terms case
In Australian Competition and Consumer Commission v JJ Richards & Sons Pty Ltd, the Federal Court applied new laws that protect small businesses from unfair…
Another edition of the Contract for the Sale and Purchase of Land?
The 2017 edition of the Contract for the Sale and Purchase of Land is now available online at the Law Society’s eCOS Portal. By PETER…
Smart contracts: just how clever are they?
The adoption of smart contracts continues to grow, comprising a variety of contractual relationships partly automated by computer software and which run on blockchain technology….
Ensuring legal certainty in international electronic contracts
Australia will soon be eligible to accede to the 2005 United Nations Convention on the Use of Electronic Communications in International Contracts. By JOHN WAKEFIELD…