2021 01 28 Module 3

Contract law instruction centers on vitiating elements, specifically unconscionability, before transitioning to the methods of contract termination: performance, agreement, repudiation, and frustration. Frustration—where performance becomes impossible, illegal, or radically different—is a critical focus, illustrated by cases like *Davis Contractors v Fareham* and *Taylor v Caldwell*. The session details legislative remedies under the Law Amendment and Reform (Consolidation) Ordinance, particularly Section 16 regarding the recovery of deposits and valuable benefits. Furthermore, the discussion outlines remedies for breach, emphasizing the "loss of bargain" approach to calculating damages, the duty to mitigate losses, and the distinction between pecuniary and non-pecuniary losses. Key legal precedents, including *Hadley v Baxendale* for remoteness of damage and *Jarvis v Swan Tours* for non-pecuniary distress, provide the framework for assessing quantum and types of damages available to aggrieved parties.