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.
Contractual warranties: assignee may sue for pre-assignment breaches
The NSWCA has confirmed that where contractual warranties are assigned, the assignee may recover damages even where the warranties were breached before the assignment took…
Electronic signatures: convenient but risky
The NSW Court of Appeal has found that an individual whose electronic signature appeared on a guarantee did not authorise the use of his signature,…
The latest from the High Court: October 2016
Reporting and analysis of the latest key judgments from the High Court of Australia. By ANDREW YUILE.
Navigating the blockchain and the law
Lawyers must be aware of regulatory debates surrounding blockchain or distributed ledger technology, and be in a position to advise clients about unique challenges created…
When is a contract binding? Court of Appeal analyses lease negotiations
A court will consider whether communications between the parties, objectively construed, indicate an intention to be immediately bound by an arrangement between them. By PAUL…
Binding promise without a contract: Court of Appeal considers proprietary estoppel
The NSW Court of Appeal has found that a proprietary estoppel may arise in certain cases where a plaintiff seeks to exercise only personal or…
Small business and unfair contract terms: changes on the horizon
The Treasury Legislation Amendment (Small Business And Unfair Contract Terms) Act 2015 extends the notion of unfair standard form (or standard terms) contracts to non-consumer…
Off-the-plan contracts: the sun has set on vendors’ rescission rights
New provisions have been inserted into the Conveyancing Act 1919 deeming invalid a vendor’s right to unilaterally end an off-the-plan contract by rescission under a…
Expert determinations under contract reviewable even if ’final’
Parties to a contract will need to ensure that an expert properly understands his or her functions under contract when performing a review and making…
Pavlovic v Universal Music Australia binding clients in contract
Lawyers generally have authority to negotiate the terms of an agreement on behalf of their clients, but not to bind their clients to the agreement….