Insolvency & Restructuring

An Overview on Repudiation in Australian Contract Law: Repudiation is a modern legal term that has adopted many meanings within contemporary contract law. However, repudiation is generally characterised as the repudiation of obligation...

An Overview on Certainty in Australian Contract Law: For a contract to be legally effective, the contract must have sufficient certainty and completeness. A complex legal inquiry, differences in judicial opinion on when the threshold requirements of certainty...

An Overview on Offer and Acceptance in Australian Contract Law: In contemporary contract law, the approach to examining an agreement is to determine the presence of offer and acceptance. Involving a clear offer by the offeror and an unqualified assent...

An Overview on Intention to Create Legal Relations in Australia: An intention to create legal relations is a prerequisite to the formation of a contract in Australian contract law. Originating from continental jurisprudence and adopting the latin term...

An Overview on Consideration in Australia: Consideration is an essential element in the formation of a contract. The theory of consideration has been characterised as “about what makes a promise legally enforceable”...

Termination of contract frequently occurs when parties are in contractual disputes. Legal disputes often arise from a termination of contract, as remedies may be obtainable from a breach of contract...

Read an Overview on Implied Terms: An implied term is a term that is not an express term and does not expressly form part of a contract. However, implied terms may be incorporated into a contract by implication...

Read an Overview on Express Terms: Contracts are generally reduced to written form to record the agreement and express terms reached between the parties. Often, disputes may arise whether a term was intended to form part of a contract...

Read an Overview on Enforceable Contracts: An enforceable contract is a legally binding agreement that the parties to an agreement have entered. A legally binding agreement comprises the following legal elements: Offer and Acceptance...

Read an Overview on Frustration of Contract: A contract may be frustrated if through no fault of the parties to a contract, a contract can no longer be performed due to exceptional circumstances and are events outside the parties' control...

Read an Overview on Legally Binding Agreements: For an agreement to be a legally binding in Australia, the agreement should have the following legal elements: offer and acceptance, consideration, capacity, certainty...