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

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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

 

Featured Authors

Emeritus Professor John Carter

Emeritus Professor John Carter

Emeritus Professor John Carter is Australia’s leading authority on contract law. He is the author of several highly regarded works on contract law and has taught contract law for over 30 years. He has an international reputation and has published in many leading journals. General Editor of the Journal of Contract Law, Professor Carter is also a consultant to Herbert Smith Freehills. He is a Fellow of the Australian Academy of Law.

View all books by Emeritus Professor John Carter (6)

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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