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Carter's Breach of Contract (eBook)

Carter's Breach of Contract (eBook)

Carter, J W, 2011

Available Formats

Format ISBN Price
eBook 9780409328950 $289.00
Book 9780409328141 $289.00

J W Carter's Breach of Contract established itself as the leading text on the subject in the Commonwealth, being regularly cited by the courts, including the High Court of Australia.


Format: ePub


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Its central thesis was approved by the High Court in Koompahtoo Local Aboriginal Land Council v Sanpine Pty Ltd [2007] HCA 61. 2011 sees the publication of a new and expanded work, under the title Carter's Breach of Contract . The work is comprehensive in relation to both English and Australian law.

Moreover, by drawing on decisions in the United States, Singapore and New Zealand, the American Law Institute's Restatement of Contract, 2d as well as the Uniform Commercial Code (US) and the United Nations Convention on Contracts for the International Sale of Goods, this work provides a unique comparative dimension.

Features and Benefits

     •     The law of breach of contract is stated in a series of articles, which codify the law in brief statements of principle. These articles are also reproduced in the Appendix.
     •     Extensive bibliography
     •     Detailed index up to 50 pages


J W Carter is Professor Emeritus at the University of Sydney and a Consultant to Herbert Smith Freehills. He is also a Fellow of the Australian Academy of Law.

Table of Contents

PART I Proof of Breach and Bases For a Right to Terminate

1. Introduction
2. Failure to Perform
3. Bases for a Right To Terminate

PART II Breach of Contractual Terms

4. Types of Contractual Terms
5. Breach of Condition
6. Breach of Terms other than Conditions

PART III Repudiation and Anticipatory Breach

7. General Principles of Repudiation and Anticipatory Breach
8. Repudiation and Anticipatory Breach Based on Words or Conduct
9. Repudiation and Anticipatory Breach Based on an Inability to Perform

PART IV Election

10. Exercise of the Right Terminate
11. Continuation of Performance and Revival of the Right to Terminate

PART V The Consequences Of Termination

12. The Consequences of Termination
13. Claims for Damages, Performance and Restitution

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