Cheshire & Fifoot Law of Contract, 12th Edition

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