
Real estate agents receive information from vendors which they may pass on to potential purchasers verbally and in writing (for example in online and printed marketing materials). In what circumstances can the agent be held…
Real estate agents receive information from vendors which they may pass on to potential purchasers verbally and in writing (for example in online and printed marketing materials). In what circumstances can the agent be held…
Options are common in relation to the acquisition of land, new leases, shares, intellectual property rights and the grant of other property and contractual rights. However the exercise of an option can easily fail, as…
Sometimes a contract will impose a discretionary obligation on a party. In what circumstances will the Courts require such an obligation to be performed? In a recent NSW Supreme Court case the Court was required…
Contracts generally contain a ‘definitions’ clause setting out defined terms which are used repeatedly in the contract. Often the definitions clause will provide that the defined terms shall apply ‘unless the context otherwise provides’. This…
Occasionally it is alleged that a contract is a sham. But what is a sham contract and how do the Courts deal with them? A recent NSW Supreme Court decision answers these questions: Facts Louise…
Facts Ms Powlett owned a property in Daylesford, Victoria, where she rented a timber cottage as holiday accommodation. She decided to expand her business by contracting with Mr Weis and Mr Archibald to purchase, transport…
Some contracts for the sale of land require payment of an additional ‘deposit’ amount, if the contract is terminated. The Victorian Supreme Court recently addressed this question: in what circumstances might an additional ‘deposit’ payment…