Victorian Consolidated Legislation

Fair Trading Act 1999 - SECT 32ZF

Contracts to which this Part applies

32ZF. Contracts to which this Part applies



(1) This Part applies to a contract if the parties to the contract are
discharged from the further performance of the contract because-

   (a)  performance of the contract becomes impossible; or

   (b)  the contract is otherwise frustrated; or

   (c)  the contract is avoided by the operation of section 12 of the
        Goods Act 1958.





(2) This Part applies to contracts made before or after the commencement of
section 4 of the Fair Trading and Consumer Acts Further Amendment Act 2008 if
the time of discharge of the contract is after 29 September 1959.

(3) This Part does not apply to-

   (a)  any charter-party, except a time charter-party or a charter-party by
        way of demise; or

   (b)  any contract (other than a charter-party) for the carriage of goods by
        sea; or

   (c)  any contract of insurance except as provided for in section 32ZK.

Division 2-Consequences of frustration of contract