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…
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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…
Can You Obtain Damages for Distress, Anxiety and Depression Caused by Breach of a Building Contract?
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…
It is often the case that valuable management time is spent dealing with the consequences of a breach of contract and/or negligence by another party. Can management expenses involved with such time be recovered as...
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Short-term loan facilities often come with horrendous rates of interest. The WA Supreme Court recently examined a short-term loan with an interest rate of 9.75% per annum during the term of the loan, which increased...
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Building and construction contracts often require that before a contractor is paid, the contractor must give the principal a statutory declaration, to the effect that the contractor’s employees, sub-contractors and suppliers have been paid all...
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