The Moment “Reasonable Endeavours” Met a Shock to the Entire Market
The Woodside case clarifies the meaning of “reasonable endeavours” in commercial contracts. The High Court held that a party may consider its commercial, economic and operational interests when deciding whether it is able to supply under changed conditions.
The Moment a Lawful Contract Collided with an Unforeseen Reality
Codelfa Construction v State Rail Authority is the leading Australian case on frustration. The High Court held that an unforeseen injunction made contractual performance radically different from what both parties assumed.
When a Bank Took a Family Home Without Explaining the Risk
Commercial Bank of Australia v Amadio remains the leading case on unconscionable conduct. The High Court set aside a guarantee taken from vulnerable guarantors because the bank failed to explain critical risks it knew they could not understand.
The Clause You Never Saw But Are Still Bound By
A signature binds a person to the terms of a document, whether read or not. Toll v Alphapharm confirms the objective rule that commercial agreements are enforced by conduct, not assumptions.