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Contract Law in Australia, 7th Edition

Contract Law in Australia, 7th Edition

Author: John W. Carter
Publisher: LexisNexis Australia
ISBN: 9780409348316
Published In: March 2018
Format: Paperback
Jurisdiction: Australia ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 966.60

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Description
Contents
Author

Details

Contract Law in Australia provides comprehensive coverage of all aspects of contract law in Australia. The authoritative analysis includes detailed discussion of contract formation, terms, parties, vitiating factors, illegality, performance and breach, and termination. An emphasis on the remedial side of contract law, the easy to follow format, the book’s regular citation in the courts, copious references to secondary sources and a detailed index all combine to make it the ideal work on contract law for students and practitioners alike.

The seventh edition continues the clear and concise style that has made previous editions so successful. All chapters have been revised to cover developments since the sixth edition, with many chapters restructured within a logical and coherent framwork. Developments include:

• new Ch 2 (‘Default Rules, Commercial Construction and Good Faith’)
• Ch 12 (‘Construction Principles’) substantially rewritten
• Discussion of recent High Court decisions, such as:

    o Paciocco v Australia and New Zealand Banking Group Ltd (penalties)
    o Electricity Generation Corporation v Woodside Energy Ltd (reasonable endeavours)
    o Commonwealth Bank of Australia v Barker (implied terms)
    o Crown Melbourne Ltd v Cosmopolitan Hotel (Vic) Pty Ltd (promissory estoppel and contract terms)
    o Clark v Macourt (damages)

• Legislative changes, such as the extension of unfair contract terms regimes to ‘small business contracts’.

Features

• Authoritative and experienced author
• Comprehensive coverage
• Clear layout and design
• Covers contracts under the Australian Consumer Law

Part I – Introduction

1. Introduction
2. Default Rules, Commercial Construction and Good Faith

Part II – Agreement

3. Formation of Contract
4. Uncertain and Incomplete Promises
5. Conditional Promises
6. Promises Supported by Consideration
7. Promises Supported by Estoppel
8. Promises Intended to Create Legal Relations
9. Promises Requiring Written Evidence

Part III – Terms of the Contract

10. Express Terms
11. Implied Terms and Consumer Guarantees
12. Construction Principles
13. Classification of Terms
14. Exclusion Clauses

Part IV – Parties to the Contract

15. Capacity
16. Privity of Contract and Plurality of Parties
17. Assignment of Contractual Rights

Part V – Vitiating Factors

18. Contracts Induced by Misleading Conduct
19. Misleading Conduct Under Statute
20. Contractual Mistake
21. Documents Mistakenly Signed
22. Duress
23. Undue Influence
24. Unconscionable Conduct, Unjust Contracts and Unfair Terms

Part VI – Illegality

25. Illegal Contracts
26. Contracts in Restraint of Trade
27. The Effects of Illegality

Part VII – Performance and Breach

28. Performance of the Contract
29. Breach of Contract

Part VIII – Termination for Breach or Repudiation

30. Right to Terminate for Breach or Repudiation
31. Restrictions on Termination
32. Consequences of Termination

Part IX – Termination by Frustration

33. Termination by Frustration
34. Consequences of Frustration

Part X- Remedies

35. General Principles of Contract Damages
36. Particular Issues in Contract Damages
37. Recovery of Sums Fixed by the Contract
38. Restitution
39. Specific Performance

JW Carter is Professor of Commercial Law at the University of Sydney and a consultant at Herbert Smith Freehills.