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The high price of hesitation where time of the essence

Authors
Publisher
Lexis Nexis Butterworths
Publication Date
Keywords
  • 180100 Law
  • 180124 Property Law (Excl. Intellectual Property Law)
  • Queensland Reiq Contract
  • Building And Pest Inspection Clause
  • Property Law
  • Finance Clause

Abstract

The decision of Lai v Soineva [2011] QSC 247 in relation to the operation of standard conditions in the Queensland REIQ contract highlights a very practical issue often overlooked in the heat of a transaction .The point is relatively simple. In this instance ,the case concerned the interpretation of the printed "Building and Pest Inspection Clause" but is of relevance to the printed "Finance Clause" in the same contract as the wording and principles are identical. It highlights the issue of knowing well what is in the standard contract and not making assumptions. The case also highlights the cost to a party of dithering in making an election in a time of the essence environment

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