Chinatex (Australia) Pty Limited v Bindaree Beef Pty Limited

• 1. Contract
  2. › Frustration
  3. › Common assumption
  4. › Whether fixed term service kill agreement frustrated by failure of stranger to contract to buy total output from customer
  5. › Whether common fundamental assumption that third party would take output
  6. › Unilateral assumption insufficient
• 1. Contract
  2. › Construction
  3. › Commercial contracts
  4. › Objective approach
  5. › Whether abattoir had right to terminate upon customer's failure to perform
  6. › Whether customer's failure to perform caused abattoir to lose benefit of contract for balance of term
• 1. Contract
  2. › Breach
  3. › Termination
  4. › Right to terminate for anticipatory breach
  5. › Whether party whose obligation had ceased was ready willing and able to perform
  6. › Whether innocent party entitled to terminate
• 1. Contract
  2. › Forms of action
  3. › Debt versus unliquidated damages
  4. › Whether claim for breach of service kill agreement was action in debt or for unliquidated damages
  5. › Unconditional payment obligation distinguished from price payable upon provision of services or goods

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