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.
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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
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
Table of contents
Part I — 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
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
23. Undue Influence
24. Unconscionable Conduct and Unfair Terms
Part VI — 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
39. Specific Performance
Part XI — Questions and Answers
41. Problem Questions
42. Problem Answers