Contract Law - Year in Review 2014

Contract Law newsletter - 13 April 2015

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We are delighted to present the inaugural edition of Contract Law - Year in Review, in which we provide insight into the key contract law cases of 2014.

In this edition, we cover a number of key cases in 2014 which determined and provide further insight into the following areas:

  • contract formation in circumstances where it is difficult to apply conventional offer and acceptance analysis;
  • the relevance of extrinsic material to contract interpretation;
  • how to interpret a "reasonable endeavours" provision;
  • when a provision is to be regarded as a "penalty";
  • the definition of "consequential loss";
  • how to interpret implied terms into a contract;
  • who bears the onus of establishing promissory estoppel; and
  • clarification of the 'change of position' defence in restitution claims.
At the time of going to press, the Federal Court has partially overturned Paciocco v Australia and New Zealand Banking Group Limited [2014] FCA 35, which is discussed in the 'Penalties' section. We have reviewed the new developments in this matter and the likely outcome in a separate eBulletin. Please click here to read this update.

 

 

Download a PDF of Contract Law - Year in Review 2014  (1 MB)

Further information

All information on this site is of a general nature only and is not intended to be relied upon as, nor to be a substitute for, specific legal professional advice. No responsibility for the loss occasioned to any person acting on or refraining from action as a result of any material published can be accepted.