Tag Archives: contracts

The mystery of the human and the trade-offs of control

What is the biggest difference in decision-making between buying equipment and hiring a person?  The characteristics of the equipment are much easier to discern. Sure, there can be hidden flaws in machinery and buildings. You may have to take the equipment for a test run, you may need some expert to have a look at […]

You break it, you’ve bought it…

… or the really disturbing origins of performance contracts: A text with which those of us who teach Roman law like to tease our students is Gaius, Institutes, 3.146. Gaius poses to his students what appears to be a hypothetical problem. If I provide gladiators to you on the understanding I get 20 for each who […]

Contract damages – the rhetoric-reality gap

In my chosen area of study, much ink is spilled on the topic of whether contract damages merely compensate for loss, or whether there are other exceptional measures of damages which may be employed (gain-based damages of various types, punitive damages etc). Still, there are some things we agree on. If you look in a […]

O Mistress Mine!

I was fascinated to see that the first case under the new s 4AA of the Family Law Act 1975 (Cth) has been settled out of court. According to the recent article in the Herald Sun: A cheating husband has paid his former lover more than $100,000 under Australia’s new “mistress laws”. In the first […]

A matter of distinction?

I’ve written before about our Australian High Court showing a “trendy” side in transcripts. Via Roll On Friday, I learnt of a Scottish case which had the judge making a rather hilarious distinction: Lava Ignite nightclub in Edinburgh tried to stop the HMV Picture House from holding club nights. Lava sold the venue to HMV, and it […]


All of us will have come across those internet contracts (aka End User License Agreements, aka EULAs). You know the ones: they say “Terms and Conditions of Use” and you scroll down about 20 clauses, and click “I agree” at the bottom. Because I’m a contract nerd, I do actually sometimes read them out of […]

Efficient breach canned by HCA

What happens when you sign a contract? How binding is it? Can you force the other side to perform their side of the bargain? Non-lawyers might be surprised to learn that from the perspective of contractual remedies, the principal remedy is damages, with specific performance of the contractual obligation said to be a secondary remedy […]