1. Foundations of Australian Law Fourth Edition Copyright © 2013 Tilde Publishing and Distribution Chapter 10 Contracts III

2. Chapter overview This chapter looks at the concepts of  Termination or discharge of a contract  Frustration of contract  Breach of contract  Internet implications – online contracts

3. Termination or discharge of a contract Performance of the contract  Actual performance  Tender Agreements between the parties  Mutual discharge  Release or waiver  Substitution of new contract or novation  Accord and satisfaction

4. ... Provision of discharge included as a term in the contract  Conditions subsequent  Conditions precedent  Options to terminate Operation of the law  Bankruptcy  Material alteration  Merger

5. Frustration of contract The effect of frustration Statute law and frustration  Frustrated Contracts Act 1978 (NSW)  Frustrated Contracts Act 1959 (Vic)  Frustrated Contracts Act 1988 (SA)

6. Breach of contract Anticipatory breach Renunciation during performance Impossibility of performance Actual breach

7. Remedies for breach of contract Right to rescind Quantum meruit Damages  Ordinary damages  Nominal damages  Exemplary damages Specific performance Injunction

8. Principle of remoteness Direct losses that can be reasonably foreseen Indirect or remote losses

9. Chapter review In this chapter you have looked at  Termination or discharge of a contract  Frustration of contract  Breach of contract  Remedies for breach of contract  Principle of remoteness