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Searching Content indexed under Contracts and Commercial Law by Kott Gunning ordered by Published Date Descending.
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1
Is a guarantor discharged from liability when the principal contract is varied?
In certain circumstances, such as by reference to the Ankar principle, a guarantor can be discharged from liability.
Australia
11 Oct 2018
2
Dolphins, boats, tickets, waves and contractual waivers of liability
Recreational services providers should consider all waivers of liability in their contracts to ensure proper protection.
Australia
1 Jun 2017
3
Be aware - unfair contract terms extended to protect small business
The laws providing protection against unfair contract terms to consumers have been extended to protect small businesses.
Australia
4 Dec 2016
4
Specific Performance or Rectification - equitable remedies for breach of contract
Rectification and Specific Performance are both equitable remedies inherited from the English legal jurisdiction.
Australia
26 Nov 2015
5
Role of the superintendent in construction projects
This paper has been written on the assumption that the Superintendent of the project will be working under AS4000-1997.
Australia
11 Nov 2015
6
Risk management for event organisers from a legal perspective
This article has extracts from a recent WA presentation which focused on the concepts of duty of care and negligence.
Australia
11 Nov 2015
7
PPS eh? Statutory review of the Personal Property Securities Act — the final report
This article reviews the final report of the PPSA statutory review and examines some proposals in relation to bailments.
Australia
6 May 2015
8
That's not what we thought it would mean!: negotiating a lease agreement
Be cautious when negotiating with landlords and/or agents – know the effect of what you are signing and communicating.
Australia
2 Feb 2015
9
Highway Hauliers, final roll - High Court dismisses appeal by insurers
The High Court upheld the trial judge's decision, to the effect that the insured was entitled to indemnity.
Australia
9 Oct 2014
10
Directors beware - personal liability for misleading contractual promises
Directors can be made personally liable for misleading or deceptive conduct in commercial transactions for the company.
Australia
1 Sep 2014
11
Amendments to the Retirement Villages Act 1992 (WA) have now taken effect
The amendments follow a comprehensive review of the legislation governing retirement villages in Western Australia.
Australia
14 Aug 2014
12
Australian Consumer Law Update: Extending unfair contract term laws to small businesses
The Government proposes to extend the unfair contract term protections for standard form contracts to small businesses
Australia
4 Jun 2014
13
Revisiting the interpretation of contractual indemnity and insurance clauses
The resultant decision of the High Court seems to represent the conventional interpretation of these insurance clauses.
Australia
2 May 2014
14
Joint Venture Defaulter Escapes Penalty Clause
Blue Oil and Morgan Stanley established a joint venture company to build and operate a fuel storage and distribution facility.
Australia
2 May 2014
15
Electricity Generation Corporation t/a Verve Energy v Woodside Energy Limited [2014] HCA 7 - 'reasonable endeavours'
The High Court clarified and reaffirmed, amongst other things, the meaning of the agreed term "reasonable endeavours".
Australia
4 Apr 2014
16
Can a document forged on behalf of a director bind a company?
The guarantee given to ANZ seemed to have been signed by directors Robert and Valdo but Valdo's signature was a forgery.
Australia
4 Apr 2014
17
S13 Sale of Land Act (WA) - Illegal Contracts Still Enforceable
A seller of lots in a proposed strata development could still enforce sale contracts, despite being illegal contracts.
Australia
4 May 2013
18
Paved with good retentions: Enforcement, accessions and retention of title clauses under the Personal Property Securities Act 2009 (Cth)
Any security interest under a conditional sale (retention of title) agreement must be properly registered on the PPSR.
Australia
3 Mar 2013
19
Unfair Insurance Contracts – Further Amendments to the ICA Proposed
The federal government has announced an intention to further protect consumers from unfair terms in insurance contracts.
Australia
18 Feb 2013
20
Reducing Fraud in Land Dealings in WA – Verification of Identity (VOI) Practice
The VOI Practice, which has been introduced in WA to reduce fraud and improper land dealings, is compulsory from 2013.
Australia
18 Dec 2012
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