Downham v McCallum

[2008] TASSC 81

Supreme Court of Tasmania

Built by Barristers,
For Australian Law.

1. Conveyancing
2. › Relationship of vendor and purchaser
3. › Matters arising between contract and conveyance
4. › Conditions precedent and subsequent
5. › Transactions subject to finance
6. › Where finance available
7. › Provision enabling vendor to terminate where no notice waiver or fulfilment of condition given - Purchaser's refusal to accept available finance
8. › Notice not given in any event
9. › Agreement terminated at vendor's instance.
1. Aust Dig Conveyancing [8]
1. Contracts
2. › Discharge, breach and defences to action for breach
3. › Discharge by agreement
4. › Generally
5. › Written agreement
6. › Termination or variation by oral agreement claimed by parties
7. › Whether agreement terminated or varied.
1. BP Refinery (Westernport) Pty Ltd v Shire of Hastings (1977) 180 CLR 266, followed.

Citation[2008] TASSC 81

CourtTASSC

JurisdictionTasmania

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