Privy Council laid down the five-part test for implying terms into formal contracts: reasonable and equitable, necessary for business efficacy, obvious, clearly expressed, and not contradicting express terms.
contract
On termination of a building contract, a builder may recover reasonable value of work done in restitution, subject to the contract price as a ceiling where work was performed under a valid contract.
Bank late payment fees are not penalties where they represent a genuine pre-estimate of loss or protect a legitimate interest of the stipulating party.
High Court of Australia examined the principles governing rectification of written contracts for common intention and unilateral mistake in equity.
Get a detailed analysis of BP Refinery (Westernport) Pty Ltd v Shire of Hastings and how it applies to your situation.
Explain BP Refinery (Westernport) Pty ...