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

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

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AUD$ 168.99
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ISBN/ISSN: 9780409343137

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.

Features

  • 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

 

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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