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Published byReynard Sims Modified over 9 years ago
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Foundations of Australian Law Fourth Edition Copyright © 2013 Tilde Publishing and Distribution Chapter 10 Contracts III
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Chapter overview This chapter looks at the concepts of Termination or discharge of a contract Frustration of contract Breach of contract Internet implications – online contracts
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Termination or discharge of a contract Performance of the contract Actual performance Tender Agreements between the parties Mutual discharge Release or waiver Substitution of new contract or novation Accord and satisfaction
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... Provision of discharge included as a term in the contract Conditions subsequent Conditions precedent Options to terminate Operation of the law Bankruptcy Material alteration Merger
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Frustration of contract The effect of frustration Statute law and frustration Frustrated Contracts Act 1978 (NSW) Frustrated Contracts Act 1959 (Vic) Frustrated Contracts Act 1988 (SA)
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Breach of contract Anticipatory breach Renunciation during performance Impossibility of performance Actual breach
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Remedies for breach of contract Right to rescind Quantum meruit Damages Ordinary damages Nominal damages Exemplary damages Specific performance Injunction
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Principle of remoteness Direct losses that can be reasonably foreseen Indirect or remote losses
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Chapter review In this chapter you have looked at Termination or discharge of a contract Frustration of contract Breach of contract Remedies for breach of contract Principle of remoteness
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