BUSAD 120 Lecture Notes - Lecture 17: State Rail Authority, Caveat Emptor, Australian Consumer Law
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The other party will be entitled to damages in the event of: Any breach of contract, whether total or partial, actual or anticipatory, condition or. The other party is under an obligation to mitigate their loss. If the other party can demonstrate to the court that an award of damages is not a satisfactory remedy, the court may decide to provide an equitable remedy, such as specific performance. An order of specific performance is a court order directing the party in breach to fulfil their contractual obligations. Do what they were supposed to do fulfil contractual obligation. If the term breached is one of the terms implied into the contract by the sga, the legislation provides a range of remedies. A contract will be terminated as a result of frustration if: Neither party caused the supervening event, and. Taylor v caldwell (1863) 122 er 309.
