Contract Law in Australia, 7th edition

Authoritative and comprehensive coverage of Australian contract law

Book
AUD$ 188.00
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ISBN/ISSN: 9780409348316

Product description

Contract Law in Australia, 7th edition provides comprehensive coverage of all aspects of contract law in Australia. The authoritative analysis includes detailed discussion of contract formation, terms, parties, vitiating factors, illegality, performance and breach, and termination. An emphasis on the remedial side of contract law, the easy to follow format, the book’s regular citation in the courts, copious references to secondary sources and a detailed index all combine to make it the ideal work on contract law for students and practitioners alike.

The seventh edition continues the clear and concise style that has made previous editions so successful. All chapters have been revised to cover developments since the sixth edition. Chapter 2 (‘Default Rules, Commercial Construction and Good Faith’) is entirely new and Chapter 12 (‘Construction Principles’) has been substantially rewritten. Many other chapters have been restructured within a logical and coherent framework. Important cases discussed include High Court decisions such as Paciocco v Australia and New Zealand Banking Group Ltd (penalties), Electricity Generation Corporation v Woodside Energy Ltd (reasonable endeavours) and Commonwealth Bank of Australia v Barker (implied terms). Legislative changes such as the extension of the unfair contract terms regimes to ‘small business contracts’ are also addressed.

Features

  • Authoritative and experienced author
  • Comprehensive coverage
  • Clear layout and design
  • Covers contracts under the Australian Consumer Law

Related Titles

Carter, Cases and Materials on Contract Law in Australia, 6th edition, 2011
Carter, Carter’s Guide to Australian Contract Law, 3rd ed., 2015
Carter, Carter’s Breach of Contract, 2011
Carter, Quick Reference Card — Contract Law I, 2nd ed, 2015
Carter, Quick Reference Card — Contract Law II, 2nd ed, 2015
Mason, Carter & Tolhurst, Mason & Carter’s Restitution Law in Australia, 3rd ed, 2016

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Table of contents

Part I – Introduction

  1. Introduction

  2. Default Rules, Commercial Construction and Good Faith


Part II – Agreement

  1. Formation of Contract

  2. Uncertain and Incomplete Promises

  3. Conditional Promises

  4. Promises Supported by Consideration

  5. Promises Supported by Estoppel

  6. Promises Intended to Create Legal Relations

  7. Promises Requiring Written Evidence


Part III – Terms of the Contract

  1. Express Terms

  2. Implied Terms and Consumer Guarantees

  3. Construction Principles

  4. Classification of Terms

  5. Exclusion Clauses


Part IV – Parties to the Contract

  1. Capacity

  2. Privity of Contract and Plurality of Parties

  3. Assignment of Contractual Rights


Part V – Vitiating Factors

  1. Contracts Induced by Misleading Conduct

  2. Misleading Conduct Under Statute

  3. Contractual Mistake

  4. Documents Mistakenly Signed

  5. Duress

  6. Undue Influence

  7. Unconscionable Conduct, Unjust Contracts and Unfair Terms


Part VI – Illegality

  1. Illegal Contracts

  2. Contracts in Restraint of Trade

  3. The Effects of Illegality


Part VII – Performance and Breach

  1. Performance of the Contract

  2. Breach of Contract


Part VIII – Termination for Breach or Repudiation

  1. Right to Terminate for Breach or Repudiation

  2. Restrictions on Termination

  3. Consequences of Termination


Part IX – Termination by Frustration

  1. Termination by Frustration

  2. Consequences of Frustration


Part X- Remedies

  1. General Principles of Contract Damages

  2. Particular Issues in Contract Damages

  3. Recovery of Sums Fixed by the Contract

  4. Restitution

  5. Specific Performance