The document discusses how contracts can be terminated through various means: performance, agreement, breach, operation of law, or frustration. It outlines remedies for breach of contract, including termination of the contract or damages. Damages aim to compensate the innocent party for their losses from the breach.
The document discusses how contracts can be terminated through various means: performance, agreement, breach, operation of law, or frustration. It outlines remedies for breach of contract, including termination of the contract or damages. Damages aim to compensate the innocent party for their losses from the breach.
The document discusses how contracts can be terminated through various means: performance, agreement, breach, operation of law, or frustration. It outlines remedies for breach of contract, including termination of the contract or damages. Damages aim to compensate the innocent party for their losses from the breach.
Termination of contract • A contract may be terminated: • by performance • by agreement • by breach • by operation of law • by frustration
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Performance • Each party fully performs all of their obligations under the contract. • Contractual obligations must be performed exactly as agreed. • Case: In Re Moore & Co and Landauer & Co (1921)
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Agreement • Obligations under a contract can be discharged by an agreement between the same parties.
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Operation of law • Where one party fraudulently and materially alters the written contract, it is no longer enforceable by that party.
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Frustration • A contract is frustrated when after formation of the contract something unexpected happens that makes performance impossible. • Case: Taylor v Caldwell (1863) • A contract may be discharged by frustration even where performance is not really impossible. • Case: Codelfa Constructions Pty Ltd v State Rail Authority (NSW) (1982) 149 CLR 337 • Frustration may also occur because of a change to the law that makes it illegal
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Remedies for breach • Termination of the contract • Damages
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Termination • When one party completely fails to perform their obligations (repudiation) the other party is entitled to terminate the contract. • They are also entitled to terminate for breach of a condition (an important/essential term) or for breach of an intermediate term (a term that is not important but where the breach has a significant impact on the contract)
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Damages • Every breach of contract gives the innocent party a right to claim damages (compensation) for the injury or loss they have suffered as a result of the breach. • Compensation will not be awarded for damages that are too remote. • Case: Hadley v Baxendale (1854)
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Damages • The innocent party has a duty to mitigate their losses. • Damages are not recoverable for inconvenience or mental distress, except where the main purpose of the contract is to provide relaxation and enjoyment. • Case: Baltic Shipping Co v Dillon (1993) • Where no actual loss can be proved, nominal damages will be awarded.
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Other remedies • Specific performance: The court requires a party to perform their contractual obligations. • Injunction: The court prohibits a party from doing something or compels a party to do something. • Rectification: The court corrects a written document. • Restitution: The court orders the return of property or the payment of money. 11 03/04/24 CRICOS Provider Number 00103D So that is contract • Contracts are important because they form the basis for one-off and continuing commercial relationships • For that reason, it is very important for the parties to get things right from the outset • Rights • Remedies • Obligations • Terms
An Ordinance Strengthening The Child Welfare and Protection Office of The Social Services Development Department (SSDD) by Creating Additional Plantilla Positions.