Principles of Australian Contract Law: Cases and Materials, 4th Edition

Author: Peter Radan; John Gooley; Ilija Vickovich
Publisher: LexisNexis Australia
ISBN: 9780409345452
Published In: October 2017
Format: Paperback
Jurisdiction: Australia ? Disclaimer:
Countri(es) stated herein are used as reference only

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In Principles of Australian Contract Law: Cases and Materials, 4th edition, the authors draw together the key decisions and relevant legislation that illustrate the development of legal principles underpinning Australian contract law. Each case extract includes a summary of the most important elements — court, facts, issue, and decision — and helpful comments to assist readers to understand why a particular case is important and the principle to be drawn from the decision.

Principles of Australian Contract Law: Cases and Materials, 4th edition, the authors draw together the key decisions and relevant legislation that illustrate the development of legal principles underpinning legal cases, legal materials and Australian contract law. Each case extract includes a summary of the most important elements — court, facts, issue, and decision — and helpful comments to assist readers to understand why a particular case is important and the principle to be drawn from the decision. Relevant secondary sources are also included to expand critical thinking on many topics.

The fourth edition of this text has been fully revised to ensure alignment with current teaching. New case extracts include:

Australian Financial Services and Leasing v Hills Industries (2014)

CA & CA Ballan Pty Ltd v Oliver Hume (Aust) (2017)
Commonwealth Bank v Barker (2014)
Electricity Generation Corp v Woodside Energy (2014)
Gynch v Polish Club Ltd (2015)
Hayward v Zurich Insurance Co (2016)
Paciocco v ANZ Banking Group (2016)
Pavlovic v Universal Music Australia (2015)
Richmond v Moore Stephens Adelaide (2015)

Together with its companion textbook, Principles of Australian Contract Law, this text makes an ideal resource for students, practitioners, and anyone wishing to understand this complex area of law.

1. Introduction

PART 1 – HISTORY AND THEORY

2. History of Contract Law
3. Contract Theory

PART 2 – FORMATION OF A CONTRACT

4. The Fact of Agreement
5. The Requirements of Certainty and Completeness
6. Consideration
7. Intention to Create Legal Relations
8. The Requirement of Writing
9. Capacity

PART 3 – TERMS OF A CONTRACT

10. Express Terms
11. Implied Terms
12. Construction of Contractual Terms
13. Construction of Exclusion Clauses

PART 4 – VITIATING FACTORS

14. Misrepresentation
15. Misleading or Deceptive Conduct
16. Mistake
17. Duress
18. Undue Influence
19. Unconscionable Transactions
20. Contracts Review Act 1980 (NSW)
21. Unfair Contracts

PART 6 – DISCHARGE

22. Discharge by Performance
23. Discharge by Agreement
24. Discharge by Breach
25. Discharge by Frustration

PART 6 – ILLEGALITY

26. Statutory Illegality
27. Common Law Illegality
28. Effect of Illegality

PART 7 – REMEDIES BASED ON CONTRACT

29. Damages for Breach of Contract
30. Actions for a Fixed Sum and Debt
31. Specific Performance
32. Injunction
33. Equitable Damages
34. Rectification
35. Rescission

PART 8 – OTHER BASES OF RELIEF

36. Equitable Estoppel
37. Liability in the Law of Torts
38. Restitution

PART 9 – THIRD PARTY RIGHTS

39. Privity of Contract
40. Assignment of Contractual Rights and Liabilities

John Gooley is a Barrister-at-Law in Blackstone Chambers.

Professor Peter Radan is a Professor of Law at Macquarie Law School, Macquarie University.

Ilija Vickovich is a Lecturer at Macquarie Law School, Macquarie University.