Bounces and buckets — what day is it and can a contract be terminated?

’m back. It’s Wednesday — much to my dismay. Allow me to elaborate. I woke up thinking it was Thursday and I only had to get through two days until Friday night. But then I checked my phone to make sure, and the crushing truth of being on the underside of the mid-week hump dawned on me. Even coffee has only partially improved my disposition. Better than last week though, when, on Wednesday, I was two days off and thought it was Friday. That, let me assure you, was brutal. (Look I know this has nothing to do with basketball but it’s the off season ok gimme a break — probably Steph Curry is just as discombobulated as I am — hang on a second I just slipped in a reference!)

That’s the bounce (as avid readers know, my $0.02 on what is going on in my brain). Here’s the bucket (my $0.02 on a legal principle).

Say you have a breach of contract case. Can the innocent party terminate?Look no further dearest reader: what you want is Koompahtoo Local Aboriginal Land Council v Sanpine Pty Ltd (2007) 233 CLR 115, [2007] HCA 61 at [44]-[56]. Gleeson CJ, Gummow, Heydon and Crennan JJ explained, broadly speaking, that a breach of a warranty does not permit the innocent party to terminate; a breach of a condition does permit termination; and a sufficiently serious breach of a non-essential term can also permit termination — depending on the nature of the event to which the breach gives rise. Certainly a useful place to start if you are called on to study this aspect of the law.

Alright, I’m out. Back soon.

JD #bouncesandbuckets

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