Thompson v Faraonio

In *Thompson v Faraonio*, the Supreme Court of Queensland considered a dispute arising from a contract for the sale of sheep. The core of the disagreement concerned the date of delivery of the sheep and whether time was of the essence in the contract.

The court was required to determine whether the delivery of the sheep "on or before" a specified date constituted a condition of the contract, meaning that failure to meet this deadline would entitle the buyer to terminate the agreement. This involved an examination of the Sale of Goods Act 1890 (Qld) and the common law principles governing contractual performance, particularly regarding the importance of time stipulations.

The court's reasoning focused on the interpretation of the contractual terms and the surrounding circumstances to ascertain the parties' intentions regarding the delivery date. Applying established principles of contract law, the court considered whether the stipulation for delivery by a particular date was a condition precedent to the buyer's obligation to accept the sheep. The jury's finding regarding the delivery date was a significant factor in the court's determination of the contractual obligations and any potential breach.