Contract law basics
Plain-English guides to how contracts are formed, broken and enforced in New South Wales.
How contracts work.
Most disputes Vamp Law sees between people and businesses come back to a contract: what was agreed, whether it was kept, and what can be done when it was not. These guides explain the ideas that decide those questions, in plain language and with an example in each.
They are general information, not legal advice. Whether a contract was formed, breached or ended properly always turns on its own words and facts, so if you are in a dispute, speak with Kyra Pastrovic about your documents.
Elements of a Contract
A contract is an agreement the law will enforce. In NSW it generally needs an offer, an acceptance, consideration, an intention to be legally bound, terms certain enough to enforce and parties with capacity to contract. Most contracts do not need to be in writing, but some, such as contracts for the sale of land, do.
5 min read
Read the guideWhen a contract goes wrong.
Breach, repudiation, estoppel, misrepresentation, frustration and the remedies a court can order. Each guide takes about five minutes to read and ends with the questions clients ask most.
- Guide 02
Breach of Contract
What counts as a breach of contract in NSW, when a breach lets you end the contract, and what to do next if it does not.
5 min read
- Guide 03
Repudiation
What repudiation of a contract means in NSW, the choice it gives the innocent party, and the risk of terminating without a proper basis.
5 min read
- Guide 04
Estoppel
How estoppel can hold a party to a promise or assumption it caused you to rely on, even where no binding contract was ever signed.
5 min read
- Guide 05
Misrepresentation
When a false statement made before a contract lets you undo the contract or claim compensation, under the general law and the Australian Consumer Law.
5 min read
- Guide 06
Frustration
When an unforeseen event ends a contract automatically in NSW, why frustration is rarely established, and how money paid and work done are adjusted.
5 min read
- Guide 07
Remedies for Breach of Contract
What you can recover when a contract is broken in NSW: damages, liquidated damages, specific performance, injunctions, restitution, interest and costs.
5 min read
In a dispute?
Talk to us about your contract
These guides explain the law in general terms. For advice on your own contract, send us the documents and we will explain where you stand.