Obiter Issue 4 2021

Page 30

What's the Verdict? Read the facts for the case provided below and guess the verdict. AREA OF LAW Contract; essential terms; conditions and warranties; termination of contract

CASE Associated Newspapers Ltd v Bancks (1951) 83 CLR 322

FACTS The Plaintiff contracted with the Defendant to draw a comic that would be displayed in full on the front page of the newspaper every week. The Plaintiff did not always display the comic on the front page. The Defendant stated that the Plaintiff had breached the contract and that therefore he would be terminating the contract. The Plaintiff sought an injunction, arguing that displaying it on the front page was not an essential term.

ISSUE Was the obligation to display the comic on the front page an essential term, and had the contract been repudiated?

case summary derived from https://lawcasesummaries.com/knowledge-base/associatednewspapers-ltd-v-bancks-1951-83-clr-322/mo/Cases/jc%20williamson.htm

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