Cases and Materials on Contract Law in Australia, 7th edition

Cases and Materials on Contract Law in Australia is a comprehensive directed-learning approach to Australian contract law.

Select a format

ISBN/ISSN: 9780409343120
Published: February 28, 2019
In Stock
ISBN/ISSN: 9780409343137
Published: February 28, 2019
Best value

Product description

Cases and Materials on Contract Law in Australia is an outstanding resource offers explanatory commentary on the key principles of contract law and carefully selected extracts from leading cases, relevant legislation and secondary sources. It aligns with all Australian contract law units, covering 40 topics in the areas of Agreement, Terms of the Contract, Parties to the Contract, Vitiating Factors, Illegality, Performance and Breach, Termination for Breach, Termination by Frustration, and Remedies.

Chapters are structured to develop a strong understanding of each topic, providing clear statements of essential concepts and their relationship to other contractual principles and definitions of relevant legal terms. The author explains the facts and pertinent issues of both principal and illustrative cases, what to look for in a decision and how each issue is resolved. Each topic offers discussion of reform and further reading suggestions. Additional problem questions with worked answers are included.

The seventh edition of this work has been extensively revised. Commentary, case extracts and materials are updated to reflect developments in case law and legislation, such as Commonwealth Bank of Australia v Barker (2014); Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd (2015) and Thorne v Kennedy (2017). There are new materials on good faith and contract construction. New case extracts include:

  • Equuscorp Pty Ltd v Haxton (2012)
  • Electricity Generation Corp v Woodside Energy Ltd (2014)
  • Paciocco v Australia and New Zealand Banking Group Ltd (2016)

This case book is an ideal teaching tool, both as a standalone text and as a companion work to Contract Law in Australia or Carter’s Guide to Australian Contract Law.


  • Offers directed learning in a complete resource
  • Authoritative author
  • Clear and reliable commentary
  • Edited extracts from primary & secondary resources
  • Supports learning of fundamental concepts
  • Develops case analysis technique
  • Aligns with Australian contract law units of study

Related Titles

Carter, Contract Law in Australia, 7th ed, 2018
Carter, Carter’s Guide to Australian Contract Law, 3rd ed, 2016
Carter, Carter’s Breach of Contract, 2nd ed, 2018


Featured Authors

Table of contents

Part I — Introduction

1. Introduction

2. Good Faith and Commercial Construction

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 and Unfair Terms

Part VI — Illegality

25. Illegality

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

30. Termination for Breach

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

40. Injunction

Part XI — Questions and Answers

41. Problem Questions

42. Problem Answers