The formation of contracts is both an exciting and stressful
period for any construction project, and those without a legal
background can often be left unsure of the formalities and
statutory requirements needed to be complied with. This situation
is exacerbated when the project is to take place in a foreign
jurisdiction, where the terminology, language and practice may all
be very different to what the party to a contract is accustomed to.
It is essential that the variances between the Australian and
Chilean jurisdictions are understood and appreciated, so each party
is able to enforce and comply with their rights and
obligations.
The most immediate difference is that Australia operates under a
common law system, whereas Chile works as a civil law jurisdiction.
Under Australian common law, each of the principles of contract law
comes from individual cases, which means the person drafting the
contract should be familiar with the cases, which give us
