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(a) That's right. 

You were asked to select the statement for which Associated Newspapers Ltd v Bancks (1951) 83 CLR 322 provides authority.

Associated Newspapers Ltd v Bancks is authority for the statement that the terms in a contract are ‘conditions’ if, in the opinion of the court, the losses caused by the breach are immediate losses rather than consequential losses.

Associated Newspapers Ltd v Bancks  is not authority for the statement that the terms in a contract are ‘conditions’ if the court is of the opinion that the breach deprives the non-defaulting party of the substantial performance.

Associated Newspapers Ltd v Bancks  is not authority for the statement that the terms in a contract are ‘conditions’ if the court can infer from the circumstances that the non-defaulting party would obviously not have entered the contract without that term.

Give yourself one mark for this answer.

 

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