The law
Overview of Australian contract law
Select the relevant topic from the left hand menu. Below you will find a brief overview of each broad topic
Formation
A contract is a promise or a set of promises that is legally binding. In this context a promise is an undertaking by one person to do something or refrain from doing something if another person does something or refrains from doing something or makes a promise in return. A promise or set of promises will be legally binding if certain criteria are met. In Australia this requires that there be an agreement (comprising an offer and acceptance), consideration, intention to create legal relations, compliance with any legal formalities and that the parties have the legal capacity to contract.
Scope and Content
A contract is generally only enforceable by and against parties to the contract. This section considers the issue of privity of contract.
This section also considers the content of a contract; once formed, how do you determine what the terms of the contract are? How should the various terms by classified and how should they be interpreted in cases of ambiguity? Exclusion clauses are given special attention here.
Avoidance / Vitiating Factors
A contract validly formed may nevertheless be avoided as a result of a number of possible 'vitiating factors'. Most of these involve some form of unfair or unconscionable dealing by one of the parties.
Performance and Termination
Most contracts come to a natural end as a result of the parties performing their respective obligations. The requirements for 'performance' to discharge contractual obligations are discussed in this section. A contract may also come to an end by agreement between the parties or as a result of the breach of contract by one of the parties. Finally, a frustrating event might prevent parties from performing as planned and this may have the effect of terminating a contract.
Remedies
Where a breach of contract has occurred the non-breaching party is entitled to remedies; in particular, they are entitled to damages as a matter of right. The procedures for determining the extent of damages available are discussed in this section. Parties may also make provision in their contract for the payment of a liquidated sum upon breach; the effect of these clauses will be discussed.
In addition to common law remedies, parties may seek the equitable remedies of specific performance or injunctions for contractual breach (or threatened breach) - these are not available as a matter of right but are awarded at the discretion of the court.
Overview of Australian consumer law
For a more detailed discussion select the relevant topic from the left hand menu. Below you will find a brief overview of each broad topic - Australia's consumer law regime is currently undergoing significant change. One major bill has already passed through Parliament and another has recently been introduced. Throughout 2010 this site will provide details of these changes.
Implied terms
A contract is a
Unfair terms
Forthcoming
Unconscionable conduct
Forthcoming
Manufacturers' liability
Forthcoming |
