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

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

J W Carter, 2019

Available Formats

Format ISBN Price
Book 9780409343120 $169.00
eBook 9780409343137 $169.00

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


Format: Paperback


Cases and Materials on Contract Law in Australia is an outstanding resource offering 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


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

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

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