Drafting Techniques to Avoid the Decision in Shevill v Builders Licensing Board

6 Pages Posted: 16 Sep 2021

See all articles by Dr Sara Golru

Dr Sara Golru

The University of Sydney, Faculty of Law

Date Written: February 2019

Abstract

The decision in Shevill v Builders Licensing Board may effectively be avoided by the inclusion of anti-Shevill clauses in leases. The cases of Gumland, Progressive Mailing and Impact Funds highlight that labelling a particular clause in a lease as a ‘fundamental’ or ‘essential’ term, breach of which entitles the innocent party to terminate, is all that is required for default to give rise to a right to loss of bargain damages, provided ‘very clear words’ are used in the contract. However, there is an open question as to whether labelling a ‘trivial’ or ‘trifling’ term as essential or fundamental would be sufficient.

Keywords: contract law; contract drafting techniques; commercial leasing

Suggested Citation

Golru, Dr Sara, Drafting Techniques to Avoid the Decision in Shevill v Builders Licensing Board (February 2019). Available at SSRN: https://ssrn.com/abstract=3905638 or http://dx.doi.org/10.2139/ssrn.3905638

Dr Sara Golru (Contact Author)

The University of Sydney, Faculty of Law ( email )

Faculty of Law Building, F10
Sydney, NSW
Australia

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