ON 23 DECEMBER 1938, the High Court of Australia delivered Luna Park (NSW) Ltd v Tramways Advertising Pty Ltd [1938] HCA 66; (1938) 61 CLR 286 (23 December 1938).

http://www.austlii.edu.au/au/cases/cth/HCA/1938/66.html

Only nominal damages should be awarded when a breach of contract causes no identifiable loss. The right to nominal damages follows as “a matter of course”.

A term of a contract will be regarded as a condition if it goes to the very substance of the contract.

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