CONTRACT AND COMMERCIAL

A thorough understanding of the law of contract and associated legislation is required to effectively represent clients in a general commercial dispute. Often, an analysis of whether the basic elements for an enforceable agreement are present, such as whether an offer has been accepted or whether consideration has been given, can lead to results which (without proper skill and experience) can be overlooked.

We have expertise in acting for Plaintiffs and Defendants on a broad range of contractual disputes in many areas of law:

  • Damages for Breach of Contract;
  • Monies paid and received;
  • Rectification of contractual terms;
  • Voiding agreements on the grounds of uncertainty, failure of consideration, lack of authority, illegality, failure to comply with strict legislative requirements, undue influence, and unconscionable conduct;
  • Admissibility of evidence of contractual terms under the parole evidence rule;
  • Specific performance;
  • Declarations of proper termination;
  • Claims under the Contracts Review Act (unfair tactics and unequal bargaining power); and
  • Misleading and deceptive conduct and unconscionable conduct under the Trade Practices Act.