BTB1010 Study Guide - Final Guide: Australian Consumer Law
Document Summary
Breach of implied terms: terms implied by the courts, mostly contracts for the supply of services, terms implied by statutes, contracts for the sale of goods. Plaintiff: we had a contract, you breached a term of the contract, an express term, an implied term, implied by the courts, implied by statute. I am entitled to compensation (or other remedy) In all contracts: only in certain types of contracts. Implied as a matter of fact: based on a course of past dealings, based on trade custom or usage, to gi(cid:448)e (cid:862)(cid:271)usi(cid:374)ess effi(cid:272)a(cid:272)y(cid:863) to a (cid:272)o(cid:374)tra(cid:272)t. Implied a matter of law in all contracts: unless the parties explicitly or implicitly agree otherwise, there is an implied term, do what is reasonably necessary for the contract to be performed. (the co-operation term) Is there a duty of (cid:862)good faith(cid:863) i(cid:374) a(cid:374) o(cid:374)goi(cid:374)g relatio(cid:374)ship: to achieve the objects of the contract, to act reasonably; and, to act honestly.
