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

Authoritative and comprehensive coverage of Australian contract law

Book (Hardback)
AUD$ 303.00
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ISBN/ISSN: 9780409343977

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

 

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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