What’s in a name : Is there a right to terminate a contract for purchase of a unit if the name changes?
Data(s) |
01/09/2012
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Resumo |
The significance of the proposed name of a building to buyers of units off the plan has received recent attention in Queensland and the ACT with differing results. In Gough v South Sky Investments Pty Ltd the Queensland Court of Appeal concluded that the name of the building was not an essential term of the contract and rejected a claim by a number of buyers to terminate their contracts because of the change of name from Oracle to Peppers. In contrast, Rares J in the Federal Court decision of Madison Constructions Pty Ltd v Empire Building Group (ACT) Pty Ltd considered that the name of the building in a proposed development could potentially form the basis of misleading conduct about the association of the seller with a particular development corporation. |
Formato |
application/pdf |
Identificador | |
Publicador |
Lexis Nexis Butterworths |
Relação |
http://eprints.qut.edu.au/56794/1/What%27sInAName.pdf Christensen, Sharon A. (2012) What’s in a name : Is there a right to terminate a contract for purchase of a unit if the name changes? Australian Property Law Bulletin, 26(10), pp. 153-156. |
Direitos |
Copyright 2012 Lexis Nexis |
Fonte |
Faculty of Law; School of Law |
Palavras-Chave | #180100 LAW #180124 Property Law (excl. Intellectual Property Law) #contract law #property law #building name |
Tipo |
Journal Article |