Edwin Davey Pty Ltd v Boulos Holdings Pty Ltd

• 1. Contract
  2. › Breach of contract
  3. › Land sale contract
  4. › Failure to complete by fixed date
  5. › Where time not of the essence
  6. › Substantive and temporal nature of obligation to complete
  7. › Whether failure to complete on time a continuing breach
• 1. Contract
  2. › Remedies
  3. › Damages
  4. › Causation
  5. › Delay in completion
  6. › Claim for consequential loss
  7. › Expenditure incurred in mitigating action
  8. › Interplay between causation and mitigation
  9. › Whether causative link between breach and action to mitigate loss
• 1. Contract
  2. › Remedies
  3. › Damages
  4. › Mitigation of loss
  5. › Vendor unable to obtain discharge of mortgage
  6. › Expenditure incurred by purchaser to obtain discharge of mortgage
  7. › Whether reasonable action to mitigate loss
  8. › Where available alternatives would have exposed purchaser to potentially greater loss
• 1. Contract
  2. › Remedies
  3. › Damages
  4. › Remoteness
  5. › Whether in contemplation of parties that purchaser would need to pay off part of mortgagee's loan to obtain discharge of mortgage
  6. › Where vendor had not obtained mortgagee's consent to contract for sale or the release of deposit or prepayment to the vendor

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