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The law of equity plays an important role in Australian contracts, and will affect which remedies may be available when a contractual promise is breached. Doctrines of importance to contract law practitioners include negligent mis-statement, [5] promissory estoppel, [6] and misleading or deceptive conduct. [7]
In Byrne v Australian Airlines Ltd, [17] McHugh and Gummow JJ emphasised that the "necessity" which will support an implied term in law is demonstrated where, absent the implication, "the enjoyment of the rights conferred by the contract would or could be rendered nugatory, worthless, or, perhaps, be seriously undermined" or the contract would ...
The Court of Appeal delivered a unanimous judgment, dismissing the appeal. They found that Burger King had no right to terminate the contract, whether under clause 15.1(d) of the agreement, or under general principles of contract law, and further found that Burger King had breached an implied term of good faith.
Codelfa Construction Pty Ltd v State Rail Authority of New South Wales, [1] ("Codelfa") is a widely cited Australian contract law case, [2] which serves as authority for the modern approach to contractual construction. [3] The case greatly influenced the development of the Eastern Suburbs railway line.
In Australia, the principle of "Freedom of Contract" is integral to its legal system, mirroring the autonomy found in contract laws globally. Central to this is the Australian Consumer Law, [6] which safeguards fair dealings and transparent terms in contractual agreements. This law ensures a balance between the freedom of parties to negotiate ...
Commercial Bank of Australia Ltd v Amadio, [1] is a seminal case in Australian contract law and equity, in which the High Court held that unconscionable dealing due to a lack of knowledge or education and the consequent imbalance in bargaining power could lead to a transaction being set aside.
Dennis Paling, "McRae v Commonwealth Disposals Commission - A Forgotten Decision" (1975) 50 New Zealand Law Journal 174 (6 May 1975) J G Fleming, "Common Mistake" (1952) 15 Modern Law Review 229 (No 2, April 1952) "Non-Existent Subject-Matter of Contract" (1951) 45 Queensland Justice of the Peace and Local Authorities' Journal 149
[140] [141] [142] In Australian law, a contract can additionally be set aside due to unconscionable dealing. [143] [144] Firstly, the claimant must show that they were under a special disability, the test for this being that they were unable to act in their best interest. Secondly, the claimant must show that the defendant took advantage of ...