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:
At the time of going to press, the Federal Court has partially overturned Paciocco v Australia and New Zealand Banking Group Limited  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.
- 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.
Download a PDF of Contract Law - Year in Review 2014 (1 MB)
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