Contract law update: Schwartz v Hadid  NSWCA 89
In this decision, the New South Wales Court of Appeal considered the principles relating to the construction and interpretation of contracts, specifically whether recourse may be had to prior proposals and negotiations in interpreting a contract.
This case makes clear that ambiguity in the language of the contract must be identified before the court can have regard to evidence of the surrounding circumstances of a contract. Accordingly, parties to contracts must ensure that the written contract is clear and covers all relevant issues between the parties, as pre-contractual negotiations and discussions will often be inadmissible in interpreting a contract.
This decision related to appeals in two separate proceedings: the joint venture proceedings and the loan proceedings. This note will focus only on the joint venture proceedings…
If you are registered and logged in to the site, click on the link below to read the rest of the King & Wood Mallesons briefing. If not, please register or sign in with your details below.
News from King & Wood Mallesons
News from The Lawyer
Briefings from King & Wood Mallesons
Principals and contractors need to be aware that in not registering security interests under the PPSA 2009, they may risk serious consequences.
The New Companies Ordinance (NCO) will come into effect on 3 March 2014. It includes changes that affect the way documents may be executed.
Analysis from The Lawyer
All-encompassing change is now a reality for the UK’s top 200 firms. How are they coping with the unprecedented upheaval? The Lawyer finds out