Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now
A contract is a legally binding document that recognizes and governs the rights and duties of the parties to the agreement. A contract is legally enforceable because it meets the requirements and approval of the law. A contract typically involves the exchange of goods, service, money, or promise of any of those. "Breach of contract", means that the law will have to award the injured party either the access to legal remedies such as damages or cancellation.In the Anglo-American common law, formation of a contract generally requires an offer, acceptance, consideration, and mutual intent to be bound. Each party must be those who are binding by the contract. Although most oral contracts are binding, some types of contracts may require formalities such as being in writing or by deed.In the civil law tradition, contract law is a branch of the law of obligations.Each country recognised by private international law has its own national system of law to govern contracts. Although systems of contract law might have similarities, they may contain significant differences. Accordingly, many contracts contain a choice of law clause and a jurisdiction clause. These provisions set the laws of the country which will govern the contract, and the country or other forum in which disputes will be resolved, respectively. Failing express agreement on such matters in the contract itself, countries have rules to determine the law governing the contract and the jurisdiction for disputes. For example, European Member States apply Article 4 of the Rome I Regulation to decide the law governing the contract, and the Brussels I Regulation to decide jurisdiction.

View More On
  1. F

    Contract Forcing Agreement of Third Party Contracts

    Hi, Macquarie bank T&Cs require me to use 'enhanced security measures'. The only way to do this is by using the Macquarie Authenticator app. In order to download and use the app, I have to accept the Google Play Store T&Cs. Is Macquarie in their right to force the other party (me) to agree to...
  2. S

    QLD Building contract for dividing retaining wall and fence with apportion of costs

    Hi, We are currently facing a situation where we need to replace a retaining wall and fence that sits on the boundary of our property and our neighbour’s. The estimated cost of this project exceeds $20,000. We have reached an agreement with our neighbour regarding the cost sharing and the type...
  3. J

    VIC Fencing notice given to neighbour not included in his contract of sale or section 32

    Hi, my neighbour responded to my fencing notice October 2022 insisting a boundary survey be done before replacing our front boundary fence that had just been replaced. I verbally agreed to his request we replace the fence with no changes at all just the same timber paling fence, and he never...
  4. S

    VIC Employment Contract

    Hi, I have a family member that signed an employment contract to become permanent with Kmart working Mon - Fri 7am-2pm. The contract was signed over a week ago on the day it was offered and they were congratulated by managers and staff the same day and they were to commence on the 26th feb...
  5. tuli.tarun

    VIC Complaints to VCAT against Real Estate Agent for Breach of Contract, Misleading Information, and Compensation Demand

    Dear Brain Trust, I need some help, I have recently bought an off-the-plan property and it has 3 key issues that I want to escalate to VCAT and sue the real estate agent. My dilemma is - It is worth the effort to go VCAT path or hire a Legal expert to fight it in court Below is the extract of...
  6. A

    VIC Contract Law assigment question help

    Can I please have help for a contract law question I'm stumped over... Steven owns a scallop fishing boat and leases it to his cousin Danny for $20,000 per year for 10 years in 2017 to 2027. After 3 years of fishing, Danny realizes the scallops populations have dropped affecting his income and...
  7. P

    QLD Using Clause 6.2 REIQ contract

    Just wondering whether anyone is familiar with the new changes to Qld's property contract, Clause 6.2, which allows either party to delay settlement by 5 days. My conveyancer's law firm seems to have business dealings with the seller which I worry may be hindering negotiations over my...
  8. ksivasub

    VIC Does a breach of contract constitute a fraud or forgery case that can be prosecuted as a criminal act under the law?

    There are investment agreements that have passed the due date of the contract undersigned by the real estate agent. Additionally, the real estate agent has acknowledged the delay and provided repeated assurances through email and text messages. Despite these assurances, they have not returned my...
  9. ksivasub

    VIC Seeking advice for breach of contracts in investment

    Hello All, I invested my savings of $195,000 AUD with a real estate agent for their land banking investment schemes. This real estate agent also serves as the property manager for my investment property. She executed two property investment agreements, both bearing her signature with a total...
  10. Shalom

    Pool contract

    Having issues with a pool builder who is treating us poorly since we asked about the deep end not looking right?!, he took a month to come and check it out then was away on holiday for two weeks and finally answered email and said it is bowl shaped as it costs more for it to be more...