BTF1010 Lecture Notes - Lecture 11: Australian Consumer Law, Green Ban, Harry Triguboff

• School: Monash Caulfield
• Department: Business Law and Taxation
• Course: BTF1010
• Professor: Dr Benjamin Hayward

Document Summary

Innocent party has an option: ignore breach and insist upon performance; contract remains and continues for the benefit of both parties. The innocent party remains subject to all their own obligations and liabilities under the contract. or: accept repudiation and treat contract as terminated. Can sue immediately for damages whether or not the time for performance is due. Condition: term that is of fundamental importance to the contract: associated. Warranty: term that is of lesser importance: bettini v gye. Remedy: breach of condition terminate the entire contract and/or seek damages. Breach of warranty sue for damages only (cannot terminate). Test: is the (cid:272)ontra(cid:272)t (cid:862)radi(cid:272)all(cid:455) different(cid:863) as a result of the frustrating event. If so, contract automatically terminated and court has discretion to do what is fair. Common objective no change in contract longer possible. General rule of contract: you must do what you promised to do.