INSIGHT

Contract Law Update 2018

By Malcolm Stephens
Banking Financial Services Royal Commission Litigation

In brief

Our Contract Law Update has been summarising appellate contract law decisions since 2012. We are breaking with tradition this year and, for the first time, including a foreign judgment in this Update, which will tell you whether, according to the UK Supreme Court, it is possible for parties to prevent their written contracts being amended orally (and whether Australian courts agree). We also consider the doctrines of abandonment and frustration; explain the differences between novation and nomination, and between inferring and implying terms; and examine the latest judicial consideration on when loss of opportunity damages might be available.

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