Sale of replica GT Falcon found to breach of term of contract and implied term as sale by description. In the above case the Defendant advertised for sale on FB Marketplace a “Ford Falcon XY GT”. The compliance plate matched the VIN and belonged to a...
A contract will not be enforceable unless the parties intend to create ‘legal relations’. If no such intention exists, the agreement will be no more than an unenforceable promise. The recent high profile Supreme Court of New South Wales decision of Ashton v Pratt (No 2)...
In the decision of Tanwar Enterprises Pty Limited v Cauchi [2003] HCA 57 (“Tanwar”) the High Court explored the use and limitations of equitable intervention to modify strictly legal rights (i.e. rights founded in contract). The Facts In both cases the facts revolved around Contracts for the...