(c) That's wrong.
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 no marks for this answer.
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