LAWS104 Lecture Notes - Lecture 10: Land Council, Breach (Security Exploit), Relyon

• School: Macquarie University
• Department: Law/Law Participation and Community Engagement
• Course: LAWS104
• Professor: Ilija Vickovich

Document Summary

A contract can be discharged, and parties can be discharged from their obligations if there is a breach. It concerns the circumstances in which a breach by one party entitles or may be entitled to terminate the contract. The terminating party wants to move forward, wants to be put in a forward position, the position that they should have been in if the contract had not been breached. Termination is a big deal and in general parties do not want to terminate because they want the contract performed, however, sometimes a party will wish to terminate for valid reasons. 2 types of breach that will give rise to the right to terminate: actual breach, repudiation (repudiatory breach, koompahtoo local aboriginal land council v sanpine pty ltd (2007) 233 clr 115. High court decision which discusses the difference between actual breach and repudiation. Where one party fails to perform his/her obligations under the contrcat as had agreed.