Fitzgerald v Masters

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Citation: (1956) 95 CLR 420

This information can be found in the Textbook: Paterson, Robertson & Duke, Principles of Contract Law (Lawbook Co, 3rd ed, 2009), p. 114 [6.65]

Background facts

  • Agreement for sale of land had a clause specifying that the agreement will incorporate terms approved by the Real Estate Institution.
  • No such terms existed

Legal issues

Judgement

  • Severable because it was merely an appendage
  • It was obvious that the parties intended for the contract to still apply should this clause fail.
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