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contract Articles

Contract by (Unilateral) Mistake

by | Court Disputes

Courts can set aside contracts on a number of grounds: the terms may be illegal, a party may have entered into the deal through fraud or misrepresentation, and so on.  Sometimes the Court will intervene where there has been a mutual, fundamental mistake or misunderstanding.  In some circumstances the Court can also correct Contracts. But… Read more »

All businesses should have well written terms of trade.   It is just as important to make sure that they form part of your contract.  Notwithstanding that you have good terms of trade, they will do little to help in a Court dispute if they were first presented after the contract was formed. Good debtor… Read more »

A buyer who fails to settle on the agreed date is, on the face of it, in breach of a land sale contract.  As vendor, you will need to consider whether you want to insist that the deal be completed (by sending a Notice to Complete or even seeking a Court order for Specific Performance… Read more »

Finding the right property at the right price can take a lot of time and effort.  Before signing a contract many purchasers will want to have the building checked and have a lawyer or conveyancer look at the searches and contract.  Assuming all is well the contract can be signed – but that is not… Read more »

The question I repeatedly hear is “Do I need to go to a Real Estate Agent to sell my property if I have a found a buyer privately?”  The answer is “no”.   All you need to properly document the sale is a Contract for the Sale and Purchase of Land and an up to… Read more »

We have significant experience in advising our clients on their rights and obligations under domestic and commercial building contracts, and residential “house and land” package deals. In South Australia a domestic building work contract can be cancelled if you take action to “cool-off” before the “prescribed time”.  This is not a step that should be… Read more »