Recent Cases on Performance and Breach of Contracts of Sale of Land

Date uploaded:
29 Mar 2021

Philip Barton reviews Victorian Supreme and County Court cases for approximately the last five years on performance and breach of contracts of sale of land under the following headings

  1. Rescission for mistake.
  2. Rectification.
  3. Construction and interpretation of contracts – general
  4. Severance of terms.
  5. Variation of contracts.
  6. Breach – the prevention principle.
  7. Anticipatory breach
  8. Rescission for breach pursuant to notice or repudiation.
  9. Specific Performance.
  10. Forfeiture of deposit or relief against it under s. 49 of the Property Law Act 1958 (PLA), penalties, claims for damages against purchasers, recovery by purchasers of instalments of purchase price.
  11. Claims for damages against vendors.
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