Category

Contract

misleading deceptive conduct real estate agent

When can a real estate agent be held liable for misleading and deceptive conduct?

By | Contract

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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option contract

When is an Option validly exercised?

By | Contract

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…

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Discretionary-promise

When will a discretion to perform a contractual promise be enforceable?

By | Contract

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…

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defined terms

How to interpret a contract when the use of a defined term does not make sense?

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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…

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sham contract

What is a Sham Contract?

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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…

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house deposit

Is a Further ‘Deposit’ payable on Termination of a Contract for the Sale of Land an Unenforceable Penalty?

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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…

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legal-template

High Court On The Risk Of Amending A Legal Template

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As this High Court case illustrates, athough it is common practice to amend a legal template,  sometimes it is better to start from scratch. Facts The lessor and owner of certain land wished to sell...
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