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Final Exam - Distinction Grade 75/100
LAWS3025 - Advanced Contract Law
17 Pages • Essays / Projects • Year Uploaded: 2023
Q1Noting the case of Sandra Investments Pty Ltd v Booth (1983) 153 CLR 153, analyse any legal and related issues in the following clause: In the event that such approval is not obtained then the Purchaser may at their option cancel this contract and in that event all deposit moneys paid hereunder by the Purchaser shall be refunded in full to the Purchaser and thereafter neither party shall have any claim upon the other. The Purchaser shall use all reasonable endeavours to secure the said approval within the said six (6) calendar months period. ii. Draft an alternate clause that would more effectively protect the rights of the vendor while still being ‘fair’ to the purchaser. iii. Explain how the alternate clause addresses the issues identified in the original clause. Q5. Noting the case of Burger King Corporation v Hungry Jack's Pty Ltd (2001) 69 NSWLR 558 and related materials examined in the course this term, analyse any legal and related issues in the following clause: Where either party is entitled to terminate the contract, for whatever reason, the party entitled to terminate is not required to act reasonably in deciding whether or how to exercise its right of election. (LexisNexis, Carter on Contracts (online at 12 July 2022) Chapter 37, Sample Clauses) ii. Draft an alternate clause that would impose an express obligation of good faith on both parties in a way that is ‘fair’ to both parties in a situation similar to Burger King v Hungry Jack’s. iii. Explain how the alternate clause addresses the issues identified in the original clause.
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