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Mistake GOODS ACT 1958 - SECT 11 Goods perished at time of contract: Where there is a contract for the sale of specific goods, and the goods without the knowledge of the sellerhave perished at the time when the contract is made the contract is void.S12 Goods perished after agreement to sell?Where there is an agreement to sell specific goods, and subsequently the goods without any faulton the part of the seller or buyer perish before the risk passes to the buyer, the agreement is thereby avoided. Australian Consumer Law s 51 Guarantee as to title (1) If a person (the supplier ) supplies goods to a consumer, there is a guarantee that the supplier will have a right to dispose of the property in the goods when that property is to pass to the consumer. (2) Subsection (1) does not apply to a supply (a supply of limited title ) if an intention that the supplier of the goods should transfer only such title as the supplier, or another person, may have: (a) appears from the contract for the supply; or (b) is to be inferred from the circumstances of that contract. (3) This section does not apply if the supply is a supply by way of hire or lease.

Termination by Breach GOODS ACT 1958 - SECT 17Implied undertakings In a contract of sale, unless the circumstances of the contract are such as to show a different intention, there is— (a) an implied condition on the part of the seller that in the case of a sale he has a right to sell the goods and that in the case of an agreement to sell he will have a right to sell the goods at the time when the property is to pass; (b) an implied warranty that the buyer shall have and enjoy quiet possession of the goods; (c) an implied warranty that the goods shall be free from any charge or encumbrance in favour of any third party not declared or known to the buyer before or at the time when the contract is made.

Election to Terminate the Contract Australian Consumer Law and Fair Trading Act 2012 No. 21 of 2012

25 Discharge or rescission of contract of supply of goods 1. (1) This section applies if a purchaser— 1. (a) discharges a contract of supply of goods by reason of repudiation or breach of condition by the supplier; or 2. (b) in accordance with section 24(1) rescinds a contract of supply of goods after an innocent representation is made. 26 When does a discharge or rescission have effect?

If a purchaser purports to discharge or rescind a contract of supply of goods, the purported discharge or rescission has effect only if— the supplier is aware that the purchaser treats the contract as at an end, whether by reason of the return of the goods to the supplier or by reason of any other information which comes to the knowledge of the supplier; or (b) if the purchaser is unable, due to the conduct or omission of the supplier, after taking reasonable steps, to inform the supplier or to cause the supplier to become aware that the purchaser treats the contract as at an end— (i) the purchaser treats the contract as at an end; and (ii) by the purchaser's conduct, shows unequivocally that the purchaser treats the contract as at an end. Remedies for Breach of Section 18 of the Australian Consumer Law Australian Consumer Law section 243 Section 243 Compensation orders etc. on application by an injured person or the regulator (a) an order declaring the whole or any part of a contract made between the respondent and a person (the injured person) who suffered, or is likely to suffer, the loss or damage referred to in that section, or of a collateral arrangement relating to such a contract: (i) to be void; and (ii) if the court thinks fit - to have been void ab initio or void at all times on and after such date as is specified in the order (which may be a date that is before the date on which the order is made); (b) an order: (i) varying such a contract or arrangement in such manner as is specified in the order; and (ii) if the court thinks fit - declaring the contract or arrangement to have had effect as so varied on and after such date as is specified in the order (which may be a date that is before the date on which the order is made); (c) an order refusing to enforce any or all of the provisions of such a contract or arrangement; (d) an order directing the respondent to refund money or return property to the injured person; (e) except if the order is to be made under section 239(1) - an order directing the respondent to pay the injured person the amount of the loss or damage; (f) an order directing the respondent, at his or her own expense, to repair, or provide parts for, goods that had been supplied by the respondent to the injured person; (g) an order directing the respondent, at his or her own expense, to supply specified services to the injured person; (h) an order, in relation to an instrument creating or transferring an interest in land, directing the respondent to execute an instrument that: (i) varies, or has the effect of varying, the first mentioned instrument; or (ii) terminates or otherwise affects, or has the effect of terminating or otherwise affecting, the operation or effect of the first mentioned instrument.

Exclusion Clauses Competition and Consumer Act 2010 (Cth) s 139A ;Terms excluding consumer guarantees from supplies of recreational services 1) A term of a contract for the supply of recreational services to a consumer by a person is not void under section 64 of the Australian Consumer Law only because the term excludes, restricts or modifies, or has the effect of excluding, restricting or modifying: (a) the application of all or any of the provisions of Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law; or (a) the exercise of a right conferred by such a provision; or Australian Consumer Law and Fair Trading Act 2012 (Vic) ss 39-42 Calculation of expenses incurred In estimating, for the purposes of this Division, the amount of any expenses incurred by any party to a discharged contract, the court may include an amount that appears reasonable for— (a) overhead expenses; and (b) work or services performed personally by the party. 40 Circumstances in which amounts payable under contract of insurance excluded In considering whether any amount is to be retained or recovered by any party to a discharged contract, the court must not take into account any amounts payable to a party under a contract of insurance because of the circumstances giving rise to the frustration or avoidance of the contract unless an obligation to insure is imposed— (a) by an express provision in the frustrated or avoided contract; or (b) by or under any enactment. 41 Circumstances in which contract provisions continue to have effect despite frustration If any contract to which this Part applies contains a provision that on the true construction of the contract— (a) is intended to continue to have effect in circumstances that operate or would, but for that provision, operate to frustrate or avoid the contract; or (b) is intended to have effect whether or not circumstances that operate or would, but for that provision, operate to frustrate or avoid the contract arise— the court must give effect to that provision and must only give effect to Division 2 to the extent that the court is satisfied that it is consistent with the provision of the contract. 42 Performed part of contract not frustrated If it appears to the court that part of a contract to which this Part applies— (a) is wholly performed before the time of discharge; or

(b) is wholly performed before the time of discharge except for payment in respect of that part of the contract of amounts that are or can be ascertained under the contract— the court must treat that part of the contract as if it were a separate contract that had not been frustrated or avoided and Division 2 will only apply to the remainder of that contract. Misleading or Deceptive Conduct Construction and Classification of Terms

Remedies for Breach of Section 18 of the Australian Consumer Law

o

Illegality

Frustration

Frustration

Identity of the chartered service, and made the charter as a matter of business a totally different thing.

Consequences of Termination for Breach...