Cheshire & Fifoot Law of Contract, 11th Australian edition (eBook)

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Authoritative and comprehensive coverage of Australian contract law

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ISBN/ISSN: 9780409343984

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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

 

Featured Authors

Nick Seddon
Rick Bigwood

Nick Seddon

Nick Seddon is a barrister and solicitor of the Supreme Courts of Victoria and the Australian Capital Territory. He is a Counsel at Ashurst and an Honorary Professor at the ANU College of Law, Australian National University.

View all books by Nick Seddon (1)

Rick Bigwood

Rick Bigwood is a Professor of Law at the TC Beirne School of Law, University of Queensland, and a barrister and solicitor of the High Court of New Zealand and the Supreme Court of the Australian Capital Territory.

View all books by Rick Bigwood (1)

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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