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Browse our 2 legal questions about Contract in Australia and the lawyer answers, or ask your own questions for free.
Contract law in Mount Waverley, Australia, like in the rest of the country, is based on the 'freedom to contract'. This means that parties are free to negotiate contract terms and contractual obligations as they see fit. The role of contract law is to enforce these obligations and provide a remedy when a breach of contract occurs. Contract law covers all areas of life, from employment contracts to real estate agreements to consumer transactions and more.
There are numerous situations in which you may require the help of a contract lawyer. You may need one to review terms and conditions before signing a contract, to ensure that your rights are protected. If you have a disagreement over a contract term or believe someone has breached a contract, a lawyer can help you seek legal remedies. Additionally, if you are creating a contract, a lawyer can ensure it is legally binding and protect you from potential liability.
Contract law in Mount Waverley follows the Australian common law, which is derived from court judgments. Key aspects of local contract laws include the principles of agreement, consideration, intention, certainty, and capacity. It's also important to note laws related to unfair contract terms, like those that cause significant imbalance, aren't reasonably necessary for protecting legitimate interests, or would cause harm if relied upon. Additionally, the Australian Consumer Law offers protections for consumers against false or misleading conduct in trade and commerce.
A breach of contract occurs when one party fails to fulfill any of their contractual obligations, whether expressed or implied. This could include failure to perform on time, non-performance, or not performing in accordance with the contract terms.
Remedies for breach may include compensatory damages to put the injured party in the position they would have been if the contract was performed, cancellation and restitution, or specific performance of the contract.
Most contracts outline specific circumstances under which they can be terminated. However, common reasons for termination include mutual agreement, breach of contract, or impossibility to perform.
Contracts typically specify their duration. However, if a timeframe isn't specified, a contract continues until the obligations have been fulfilled by all parties.
While you can technically create your own contract, it may not fully protect your rights or interests. It's recommended to seek advice from a lawyer when drafting contracts.
Additional resources may include your local law society, which can provide referrals and assistance, and the Australian Competition and Consumer Commission (ACCC), which oversees business competition and consumer protection. The Legal Services Commission also provides free legal advice.
If you require legal assistance with a contract, your first step should be to consult a lawyer who specializes in contract law. They can review your situation, provide advice, and potentially represent your interests. Always make sure to bring all relevant documents to your consultation.
