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.
High Court confirms: illegal acts do not automatically render a contract unenforceable
An illegal act by a party to a contract will not necessarily make the contract unenforceable. The mere fact that a party has failed to…
Contractual construction ambiguity abandoned (again)?
At present, the weight of recent authority in the NSW Court of Appeal (and the Full Federal Court) suggests that ambiguity is not necessary before the court…
The new electronic contract for the sale and purchase of land: what you need to know
The Law Society and the Real Estate Institute of NSW issued the 2014 edition of the Contract for Sale and Purchase of Land on 17…
Consequential loss: it’s all in the definition
Best practice has always been to ensure a considered definition of “consequential loss” is included in contracts where the parties are seeking to exclude or…
The latest from the High Court: June 2014
Reporting and analysis of the latest key judgments from the High Court of Australia. By THOMAS HURLEY.