Refrigerator case (read through)

BL1100 Revision

Topic 6
- Hide and Skin Trading Pty Ltd v Oceanic Meat Traders Ltd
- When does a contract come to an end? (After Performance)
- Termination of contract (breach of condition that is important to person)
*cartoon case*
- Breach of warranty (no termination only sue for damages)
- Does a breach of term, mean you can terminate a contract? (No)
- Frustration? Elements? (If proved that frustrated, contract comes to an
end) (Both parties bear own losses) (5 elements) (supervening event that
can be the fault of either party)
- supervening event or radically different
- parties did not anticipate the event not in contract
- parties are not responsible for the event
- it would be unjust to enforce the agreement
- Maritime National Fish Ltd v Ocean Trawlers (5 boats but only granted 3
licenses)
- (tries to argue frustration)
- Non-performance of a contract (Varley v Whipp) (reaping machine)
- Whipp said machine is in good condition but when delivered it does not
look what as described)
- Partial performance (breach of warranty and condition)
- Substantial Performance (if performance is substantial, a breach of
condition is treated as a breach of warranty)
- Hoenig v Isaacs
- Painter case
- Steele v Tardiani
- Cut the wood in wrong dimensions but no breach of condition as person
contracted with was fine with it
- Hochster v De la tour
- De la tour engaged Hochster a courier to accompany him on a trip
- Hochter sold all assets
- De la tour later informed Hochster three weeks before that they no longer
require his service
- Because of anticipatory breach, Hochster sues De la tour
- Cehave NV v Bremer
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Topic 7:
Remedies Common Law
Remedies - Equity
Radford v de Froberville
Pretty big wall
Hadley v Baxendale
1. Direct: foreseeable as a loss flowing from the usual course of events
(your own fault)

2. Consequential (Remote) : reasonably in the contemplation of both

parties at the time they made the contract
Disappointment can not be sued for unless promised in contract
Mitigate (minimize your losses)
Victoria Laundry v Newman (Burns v MAN automative) (truck case)
Truck keeps breaking down, Victoria tries to fix it (mitigation)
Specific performance (actual performance rather than damages)
Injunction (stops or prevents someone from doing something)
Equitable remedy: Available at the discretion of the court ; will not be
ordered if damages are sufficient
Lumley v Wagner
Wagner contracted to sing in Lumleys theatre for a fixed period
(injunction)
Dougan v Ley 1946
Specific performance
Buckenara v Hawthorn Football club
Injunction
Buckenara was a football player and was contracted to the Hawthorn
Football club
Elements required for the tort of negligence
1. The defendant owed the plaintiff a duty of care;
2. The duty of care was breached
3. As the result of the breach, the plaintiff suffered loss or injury that was
not too remote
Rogers v Whitaker (the lady with the one eye)
The lady with the one eye
Surgeon says surgery could possibly restore her eye sight
Surgeon did not inform of risk
Lady lost both her eyes
Surgeon owes patient duty of care
Donoghue v Stevenson
Perre v Apand Pty Ltd (potato case)
Neighboring farm had bacteria in farm
Woolcock Street Inv v CDG P/L
No negligence as engineering advised owners to do soil testing
Owners did not do it
Court did not award negligence as owners did not listen
Shaddock & Ass Pty Ltd v Parramatta Council
Shaddock- property developer wanted to buy some land and re-develop it
Shaddock asked Paramatta if they are any road widening projects
Government said no
Shaddock bought the land
Government buys land off shaddock for road widening
Shaddock trusted government
Shaddock sues

Topic 10: Business Organisation

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Sole Propretorships

( 1 owner) keep all profit, but has to be responsible for all liabilities
Trusts
Partnerships- Kahn; Lloyd
Companies- Salomon; Lee; Alder; Eley

Tangible: can see and touch

Intagible: shares
Trust instrument:
(trustee, trust property, beneficiary, deed (trust in statement)
Companies: Separate legal entity (sue the company) (shareholders are not
liable)