CLQ Vol35 No1 March-May 2021

Contract law in the cases: 2020 in review. Part 1 of 3
By Jeffrey Goldberger
 
Section 1: The construction principles
Section 2: Loss of use damages for breach of contract and user damages in tort
Section 3: Co-operation in contract performance
Section 4: Breaches capable of remedy in a termination regime
Section 5: Statutory unconscionable conduct in commercial transactions
Section 6: Waiver, election and the loss of contractual rights
 
 
Agency and the valid execution of transaction documents by corporations. Part 2 of 3
By Jeffrey Goldberger
 
Section 1: Background: the indoor management rule
Section 2: Agency
Section 3: The Corporations Act 2001 and the execution of documents by corporations
Section 4: Powers of attorney
 
 
What is a ‘preference’? Third-party payments, the doctrine of ‘ultimate effect’ and creditor protection from a DOCA
By Lee Aitken
 
A widget company teeters on the edge of insolvency — some of its suppliers extend to it 30-day credit; others, more cynical, switch to COD; the ATO, ‘the lender of last resort’, continues to receive large licks under its ‘agreed payment plan’. In addition, a beneficent third-party chips in a funds, either with or without the widget company’s request, to pay out its creditors, either by paying debts directly, or advancing funds by way of loan to the company to do so.
When the boom falls, how are those who receive payment to be treated? Is the recipient of a third-party payment liable to pay it to the liquidator as a preference? What restitutionary issues arise, if any, from the payment of a third-party’s debt? More particularly, what is the effect of the unrequested payment of the debt given that at common law a liability usually cannot be forced on a party without request, or contract?
  • Contract law in the cases: 2020 in review. Part 1 of 3
    By Jeffrey Goldberger
    page 3
  • Agency and the valid execution of transaction documents by corporations. Part 2 of 3
    By Jeffrey Goldberger
    page 50
  • What is a ‘preference’? Third-party payments, the doctrine of ‘ultimate effect’ and creditor protection from a DOCA
    By Lee Aitken
    page 71
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    Main File Type pdf