Frustration of contracts: what causes a contract to break?
What is frustration of contracts? The doctrine of frustration states that frustration occurs when an unforeseen event renders performance of a contract impossible or radically different from that originally contemplated by the parties. No party is considered at fault. If a contract is found to be frustrated, it is automatically terminated. All future obligations of […]
The tort of passing-off
In Australia, the tort of passing off involves one party misrepresenting another party’s goods or services as their own.
Careless or reckless: a guide to negligence in Australia
Table of contents In Australia, negligence occurs when a person causes damage to another person through recklessness or carelessness. The negligent behaviour can be a result of either an act, or a failure to act. What are the elements of negligence? In an action for negligence, the party who is alleging negligence must prove that:1 […]
The 4 things you should know before signing a legal document
Your signature is your official stamp. Whether you are signing a loan application to buy your first home, executing your will, signing an employment contract, or just confirming receipt of your mail, you will probably sign your name thousands of times throughout your life. But signing a contract is an act that can have significant […]
I’ve just received a Progress Claim
If you have received a progress claim from the claimant who is performing building work for you, it means they are seeking a payment from you for the work they have done recently, on account of the final price of the completed work. This is an important document requiring your prompt consideration as strict time […]
I’ve just received a Creditor’s Petition
This document means the person or company who sent it to you has arranged a court hearing to have you declared bankrupt. The date, time and place of the hearing will be set out in the creditor’s petition. This is a very serious matter requiring your immediate attention. If you do not arrange to be […]
