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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]
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 the law of contracts, the mirror image rule, also referred to as an unequivocal and absolute acceptance requirement, states that an offer must be accepted exactly with no modifications. [1] The offeror is the master of their own offer.
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 ...
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.
By Lewis Jackson. SYDNEY (Reuters) - Australian employees will from Monday have the right to ignore their bosses outside working hours thanks to a new law which enshrines the "right to disconnect."
Australian contract law (1 C, 2 P) Commonwealth of Australia courts and tribunals (4 C, 8 P) Courts of Australia (8 C, 6 P) Australian criminal law (3 C, 45 P) D.
(5:0) there is no implied term in contracts of employment in Australia imposing a mutual duty of trust and confidence. The decision of the House of Lords in Malik v Bank of Credit and Commerce International SA should not be accepted by courts, as applicable, to employment contracts in Australia. per French CJ, Bell and Keane JJ