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Principles of Contract Law, 6th Edition

Principles of Contract Law, 6th Edition

  • Author:
  • Publisher: Lawbook Co.
  • ISBN: 9780455243085
  • Published In: February 2020
  • Format: Paperback
  • Jurisdiction: Australia ? Disclaimer:
    Countri(es) stated herein are used as reference only
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  • Description 
  • Contents 
  • Details

    Principles of Contract Law, 6th edition, remains Australia’s premier text for students of contract law. The new edition has been substantially revised and updated, including the following:

    • the discussion of part performance has been rewritten in light of Pipikos v Trayans [2018] HCA 39;
    • the estoppel chapter has been substantially rewritten to provide readers with a clear understanding of the range of different views as to the current state of promissory estoppel in Australian law;
    • the restitution chapter has been extensively revised, particularly in light of Mann v Paterson Constructions Pty Ltd [2019] HCA 32;
    • the construction chapter has been substantially expanded to provide more detailed coverage of the courts’ general approach to construction, the evidence that may be taken into account (including more detailed discussion of particular categories of extrinsic evidence), the role of contractual purposes and absurdity;
    • in the implied terms chapter, implication for business efficacy and terms implied in law are discussed in greater detail;
    • in the restrictions on termination chapter, the sections on the readiness and willingness requirement and relief against forfeiture have been expanded and made clearer;
    • the penalties chapter has been revised to accommodate the developments in Paciocco v Australia and New Zealand Banking Group Ltd [2016] HCA 28; (2016) 258 CLR 525;
    • the mistake chapter has been substantially rewritten and made clearer throughout;
    • the duress chapter has been revised to capture the key distinction between unlawful and lawful act duress;
    • the undue influence chapter has been updated in the light of Thorne v Kennedy [2017] HCA 49; (2017) 263 CLR 85; and
    • the chapter on statutory unconscionable conduct has been revised to take account of ASIC v Kobelt [2019] HCA 18.
  • 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: Unconscionable Conduct under Statute
    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
    Chapter 43 Reform Of Illegal Contracts Law
    Appendix: The Australian Consumer Law

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