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5 Cards in this Set
- Front
- Back
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What subsection of Schedule 6 relates to contract? What does it provide, and how many provisions are there? |
Subsection C paragraph 1. It provides that it is relevant to proceedings in which the subject matter is a contract.
There are 4 provisions (Remember C4). |
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What is the first provision? What are the common law principles (if any) and what are their authorities? |
(i) Contract is made in NSW.
Common law principles:
1. Whether it is a contract is determined by NSW law - Lenfest v New Corp.
2. Contracts deemed to be made in the place where acceptance is received by offeror - Deer Parl Engineering.
3. In the case of non-feasance, the contract is breached where the obligations were due to be performed - Showtime Touring v Mosley. |
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What is the second provision? |
(ii) Where the contract is made on behalf of the defendant by an agent who resides/carries on business in NSW. |
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What is the third provision? What are the common law principles (if any) and what are their authorities (if any)? |
(iii) Governed by the law of NSW:
Common law principles:
1. Can be under a choice of law provision (i.e. this subject is governed by the laws of NSW).
2. Some types of contracts are deemed to be governed in NSW by statute.
3. Court determines whether or not the proper law of contract is law of NSW (lex fori). |
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What is the fourth provision? What are the common law principles (if any) and what are their authorities (if any)? |
(iv) Breached in NSW.
Common law principles:
1. Tort breaching contract in NSW from outside the forum. The obligation, which was breached, HAD to be performed in NSW - i.e. Payment - South Adelaide Football Club.
2. Historical payments in forum can be seen to show debt was to be paid in the forum (if not contractually stipulated) - Kim Michael.
3. Omission of necessary act of procurement will determine where contract was breached, i.e. needed to contact singer and plan for concert (not done) was meant to be done in NY. Thus, breached in NY - Showtime Tourning v Mosley. |
