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Lexis Nexis Cheshire & Fifoot Law of Contract, 11th Australian edition (eBook)
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Authoritative and comprehensive coverage of Australian contract law
Release Date: October 01, 2017
ISBN/ISSN:
9780409343984
Product description
Successive editions of Cheshire & Fifoot have established this work as a definitive Australian text, developed from its roots in the English version over 50 years ago. The 11th Australian edition continues the tradition of meticulous examination and re-examination of every aspect of the law of contract, and related areas such as estoppel, restitution and statutory misleading conduct, as developed by the Australian courts and legislatures. Although written to meet the needs of practitioners, it also provides a sound and accessible basis for academic study and further research. The authors focus principally on Australian appeal-court decisions, with an intermingling of single-judge decisions that provide important insights.
Important new cases are discussed in relation to all aspects of the relevant law and, in particular, in the following areas:
- contract interpretation and admissibility of evidence
- penalties doctrine
- proportionate liability
- estoppel
- statutory misleading conduct
- extra-territorial operation of misleading conduct
- advocate’s immunity and misleading conduct
- best endeavours
- identification of the parties
- informal contracting
- investment schemes and trusts
- mistake
- assignment
- attributing knowledge to a corporation
- performance bonds and attempts to stop them
- issues raised by the use of electronic contracts, email and the internet
- good faith
- equitable and statutory unconscionablility
- implied terms
- change-of-position defence for recipients of mistaken payments
Related Titles
Barker & Grantham, Unjust Enrichment, 2nd ed, 2018, ISBN 9780409344981
Butler, LexisNexis Questions & Answers: Contract Law, 5th ed, 2015, ISN 9780409339017
Mellick & Newlyn, LexisNexis Study Guide: Contract Law, 2015, ISBN 9780409340372
Radan, Gooley & Vickovich, Principles of Australian Contract Law, 4th ed, 2018, ISBN 9780409345438
Table of contents
PART 1 – OVERVIEW OF THE LAW OF CONTRACT
1. Overview of Contract Law
PART 2 – CONTRACT FORMATION
2. Estoppel
3. Agreement – Offer and Acceptance
4. Consideration
5. Intention to Create Legal Relations
6. Uncertainty
7. Privity of Contract
8. Assignment of Contractual Rights and Liabilities
PART 3 – BREACH AND CONSTRUCTION
9. Breach
10. Construction of Contracts
PART 4 – EXCUSES
11. Misrepresentation and Misleading Conduct
12. Mistake
13. Duress
14. Undue Influence
15. Unconscionable Conduct
16. Formalities
17. Incapacity
18. Illegal Contracts
PART 5 – TERMINATION
19. Termination by Frustration
20. Termination for Non-fulfilment of Contingent Condition
21. Termination for Breach
22. Variation and Termination by Consent
PART 6 – REMEDIES
23. Damages
24. Equitable Remedies
25. Limitation of Actions
26. Restitution and Debt
PART 7 – HISTORY AND THEORY
27. Historical Introduction to the Law of Contract
28. A Guide to Contract Theory
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