Motor Yacht Sales Australia Pty Ltd t/as The Boutique Boat Company v Cheng

[2021] NSWSC 1141

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Contracts
2. › formation
3. › acceptance of offer
4. › whether offer to purchase vessel accepted orally or in writing prior to purported withdrawal of offer
5. › binding contract formed by acceptance of offer prior to withdrawal
1. Contracts
2. › express terms
3. › precontractual statements
4. › whether contract for sale of vessel included a term that the vessel would “fit” in a dock
5. › no representation made that the vessel would “fit” in the dock
1. Corporations
2. › contracts
3. › agency
4. › whether contract entered into with the express or implied authority of the company
5. › implied authority to bind company to contract through acquiescence of the board
1. Damages
2. › mitigation of loss
3. › whether costs incurred in mitigation are too remote to be recovered
4. › mitigation results in crystallisation of loss