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Cheshire & Fifoot Law of Contract, 12th Edition

Cheshire & Fifoot Law of Contract, 12th Edition

  • Author:
  • Publisher: LexisNexis Australia
  • ISBN: 9780409354874
  • Published In: December 2022
  • Format: Paperback
  • Jurisdiction: Australia ? Disclaimer:
    Countri(es) stated herein are used as reference only
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  • Description 
  • Contents 
  • Author 
  • Details

    Successive editions of Cheshire & Fifoot Law of Contract have established this work as a definitive Australian text, developed from its roots in the English version over 50 years ago. This 12th edition continues the tradition of meticulous examination and re-examination of every aspect of the law of contract, and related areas such as estoppel, restitution and statutory misleading conduct, as developed by the Australian courts and legislatures.

    Although written to meet the needs of practitioners, it also provides a sound and accessible basis for academic study and further research. The authors focus principally on Australian appeal-court decisions, with an intermingling of single-judge decisions that provide important insights. Significant developments across all aspects of the relevant law are discussed, including the following:

    • important judicial and academic comment on controversial aspects of estoppel
    • online and electronic modes of contracting
    • the ‘no-oral variation’ controversy in the UK: Rock Advertising Ltd v MWB Business Exchange Centres Ltd [2018] UKSC 24
    • continuing uncertainties stemming from the proportionate liability legislation
    • misleading conduct and market-based damages, eg TPT Patrol Pty Ltd ATF Amies Superannuation Fund v Myer Holdings Ltd (2019 – FCA)
    • the more stringent test adopted for part performance in Statute of Frauds cases: Pipikos v Trayens (2018 – HCA)
    • undue influence: Thorne v Kennedy (2017 – HCA)
    • statutory unconscionability, eg ASIC v Kobelt (2019 - HCA); Stubbings v Jams 2 Pty Ltd (2022 – HCA)
    • the intersection between contract and restitution: Mann v Paterson Constructions Pty Ltd (2019 – HCA)
    • the law relating to lawful-act duress: Pakistan International Airline Corp v Times Travel (UK) Ltd (2021 – UKSC)
    • contract construction and the implication of terms
    • the assessment of damages
    • confirmation limitation periods are subject to contractual agreement to exclude or modify: Price v Spoor (2021 – HCA)

    Features

    • Comprehensive coverage of important principles of contract law
    • Authoritative and current commentary
    • Enables readers to approach any contract problem systematically and to identify the legal issues raised and the relevant law

  • PART 1 – OVERVIEW OF THE LAW OF CONTRACT

     

    1. Overview of Contract Law

     

    PART 2 – CONTRACT FORMATION

     

    2. Estoppel
    3. Agreement – Offer and Acceptance
    4. Consideration
    5. Intention to Create Legal Relations 
    6. Uncertainty
    7. Privity of Contract
    8. Assignment of Contractual Rights and Liabilities

     

    PART 3 – BREACH AND CONSTRUCTION

     

    9. Breach
    10. Construction of Contracts

     

    PART 4 – EXCUSES

     

    11. Misrepresentation and Misleading Conduct 12. Mistake
    13. Duress
    14. Undue Influence
    15. Unconscionable Conduct
    16. Formalities
    17. Incapacity
    18. Illegal Contracts

     

    PART 5 – TERMINATION

     

    19. Termination by Frustration
    20. Termination for Non-fulfilment of Contingent Condition
    21. Termination for Breach
    22. Variation and Termination by Consent

     

    PART 6 – REMEDIES

     

    23. Damages
    24. Equitable Remedies 
    25. Limitation of Actions
    26. Restitution and Debt

     

    PART 7 – HISTORY AND THEORY

     

    27. Historical Introduction to the Law of Contract 
    28. A Guide to Contract Theory

  • Nick Seddon is a barrister and solicitor of the Supreme Courts of Victoria and the Australian Capital Territory. He is a Counsel at Ashurst and an Honorary Professor at the ANU College of Law, Australian National University.

     

    Rick Bigwood is a Professor of Law at the TC Beirne School of Law, University of Queensland, and a barrister and solicitor of the High Court of New Zealand and the Supreme Court of the Australian Capital Territory.

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