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Contract Law: Commentaries, Cases and Perspectives, Second Edition

Contract Law: Commentaries, Cases and Perspectives, 2nd Edition

  • Author:
  • Publisher: Oxford University Press
  • ISBN: 9780195578454
  • Published In: April 2012
  • Format: Paperback , 720 pages
  • Jurisdiction: Australia ? Disclaimer:
    Countri(es) stated herein are used as reference only
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  • Description 
  • Contents 
  • Author 
  • Details

    • Fully updated and revised in light of the new Australian Consumer Law, especially regarding unfair terms
    • Concise extracts - identifies the key extracts from leading cases and makes them accessible for students
    • Provides international perspectives in each chapter with a comparative analysis of Chinese and Indian law
    • End of chapter review questions are new to this edition and help students consolidate learning.


    Contract Law introduces students to the fundamental principles, theories and arguments in contract law. It provides a carefully selected collection of cases, statutes and materials with insightful commentary designed to give students a thorough understanding of the subject.

    The commentary is clearly expressed and easy to understand and provides an accessible introduction to the law of contract without being too simplistic.

    International perspectives are included in each chapter and show a comparative analysis of Indian and Chinese contract law. This provides students with an insight into the law of major Australian trading partners. This will help to inform and educate Australian students by introducing them to the law in some other key jurisdictions and by improving their understanding of Australian law and their analytical skills by enabling them to compare and contrast our law with that in those regions. The text covers the law dealing with international contracts and incorporates a broad range of material, including US examples.

    Readership: First year undergraduate law students taking a contract law subject.


  • PART 1 INTRODUCTION
    1: The Nature and Importance of Contract Law
    PART 2 FORMATION
    2: Agreement
    3: Certainty and Conditional Contracts
    4: Consideration
    5: Intention to Create Contractual Relations
    6: Capacityation
    7: Formalitieso Create Contractual Relations
    PART 3 SCOPE AND CONTENT
    8: Privity of Contract
    9: The Terms of a Contract
    10: Construction and Classification of Terms
    11: Exclusion Clausest
    PART 4 AVOIDANCE
    12: Misleading or Deceptive Conduct
    13: Mistake
    14: Duress
    15: Undue Influence
    16: Unconscionable Conduct
    17: Unfair Terms
    18: Illegality and Public Policy
    PART 5 PERFORMANCE AND TERMINATION
    19: Performance
    20: Discharge by Agreement
    21: Discharge for Breach
    22: Discharge by Frustration
    PART 6 REMEDIES
    23: Damages and Liquidated Claims
    24: Equitable Remedies

  • Philip Clarke, Emeritus Professor of Law, Deakin University, and Julie Clarke, Senior Lecturer, Deakin University

    Philip Clarke is Emeritus Professor of Law and former Deputy Vice-Chancellor (Academic) at Deakin University.Julie Clarke is a Senior Lecturer at the School of Law, Deakin University. Julie is a Barrister and Solicitor of the Supreme Court of Victoria.

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