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Paterson; Robertson; Duke

Paterson; Robertson; Duke

Publisher: Lawbook Co.
ISBN: 9780455229461
Published In: December 2011
Format: Paperback
Jurisdiction: Australia ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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Contract: Cases and Materials, 12th Edition, continues to be a leading casebook for students of contract law in Australia. Significant new legislation and cases extracted in this edition include:

the Australian Consumer Law;
new provisions in the Electronic Transactions Acts;
United Group Rail Services Limited v Rail Corporation New South Wales [2009] NSWCA 177; (2009) 74 NSWLR 618 (agreements to negotiate in good faith);
Saleh v Romanous [2010] NSWCA 274 (promissory estoppel and the parol evidence rule);
Masterton Homes Pty Ltd v Palm Assets Pty Ltd [2009] NSWCA 234 (incorporating terms);
Western Export Services v Jireh International Pty Ltd [2011] HCA45 (contract interpretation and construing terms);
Tabcorp Holdings Ltd v Bowen Investments Pty Ltd [2009] HCA 8; (2009) 236 CLR 272 (rectification damages);
Agricultural and Rural Finance Pty Ltd v Gardiner [2008] HCA 57; (2008) 238 CLR 570 (loss of right to terminate by waiver); and
Master Education Services Pty Ltd v Ketchell [2008] HCA 38; (2008) 236 CLR 101 (statutory illegality).

Reflecting the way that contract law is taught in Australian professional entry law courses, students will findContract: Cases and Materials, 12th Edition ideally suited to their course requirements.

Part I Introduction
Chapter 1: The Nature Of Contract
Chapter 2: The Place Of Contract Within Private Law
Part II Formation
Chapter 3: Agreement
Chapter 4: Consideration
Chapter 5: Intention
Chapter 6: Certainty
Chapter 7: Formalities
Chapter 8: Capacity
Part III Detrimental Reliance And Unjust Enrichment
Chapter 9: Estoppel
Chapter 10: Restitution
Part IV Parties
Chapter 11: Privity
Part V Express Terms
Chapter 12: Identifying The Express Terms (including extrinsic evidence)
Chapter 13: Construing The Terms (including extrinsic evidence)
Part VI Gap Filling
Chapter 14: Implied Terms (including the duty of good faith)
Chapter 15: Frustration
Part VII Consumer Contracts under the Australian Consumer Law
Chapter 16: Consumer Guarantees
Chapter 17: Unfair Contract Terms
Part VIII Performance And Breach
Chapter 18: Performance And Breach
Part IX Termination
Chapter 19: Termination By Agreement
Chapter 20: Failure Of A Contingent Condition
Chapter 21: Termination For Breach
Chapter 22: Termination For Repudiation
Chapter 23: Termination For Delay
Chapter 24: Consequences Of Affirmation Or Termination
Chapter 25: Restrictions
Part X Remedies For Breach
Chapter 26: The Measure Of Damages
Chapter 27: Limitations On The Award Of Damages
Chapter 28: Liquidated Damages And Penalties
Chapter 29: Actions For Debt
Chapter 30: Specific Performance And Injunctions
Part XI Vitiating Factors
A Misinformation
Chapter 31: Mistake
Chapter 32: Misrepresentation
Chapter 33: Misleading And Deceptive Conduct
B Abuse Of Power
Chapter 34: Duress
Chapter 35: Undue Influence
Chapter 36: Unconscionable Dealing
Chapter 37: Impropriety By Third Parties
Chapter 38: Statutory Unconscionability And Unfair Terms
C Remedies
Chapter 39: Rescission
D Illegality
Chapter 40 Contracts Prohibited By Statute
Chapter 41 Contracts Prohibited At Common Law
Chapter 42 The Consequences Of Illegality