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Lexis Nexis Cheshire & Fifoot Law of Contract, 12th Australian edition
Authoritative and comprehensive coverage of Australian contract law
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Product description
Successive editions of Cheshire & Fifoot Law of Contract have established this work as a definitive Australian text, developed from its roots in the English version over 50 years ago. This 12th 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. Significant developments across all aspects of the relevant law are discussed, including the following:
• important judicial and academic comment on controversial aspects of estoppel
• online and electronic modes of contracting
• the ‘no-oral variation’ controversy in the UK: Rock Advertising Ltd v MWB Business Exchange Centres Ltd (2018 – UKSC)
• continuing uncertainties stemming from the proportionate liability legislation
• misleading conduct and market-based damages, eg TPT Patrol Pty Ltd ATF Amies Superannuation Fund v Myer Holdings Ltd (2019 – FCA)
• the more stringent test adopted for part performance in Statute of Frauds cases: Pipikos v Trayens (2018 – HCA)
• undue influence: Thorne v Kennedy (2017 – HCA)
• statutory unconscionability, eg ASIC v Kobelt (2019 - HCA); Stubbings v Jams 2 Pty Ltd (2022 – HCA)
• the intersection between contract and restitution: Mann v Paterson Constructions Pty Ltd (2019 – HCA)
• the law relating to lawful-act duress: Pakistan International Airline Corp v Times Travel (UK) Ltd (2021 – UKSC)
• contract construction and the implication of terms
• the assessment of damages
• confirmation limitation periods are subject to contractual agreement to exclude or modify: Price v Spoor (2021 – HCA)
We are also pleased to announce the launch of Cheshire & Fifoot Law on Contract as a subscription title, updated throughout the year, and available on Lexis Advance. For more information, please contact your Sales Representative or our Customer Support team.
Features
• Comprehensive coverage of important principles of contract law
• Authoritative and current commentary
• Enables readers to approach any contract problem systematically and to identify the legal issues raised and the relevant law
Related Titles
• Barker & Grantham, Unjust Enrichment, 2nd ed, 2018
• Mellick & Newlyn, LexisNexis Study Guide: Contract Law, 2nd ed, 2019
• Gooley, Radan & Vickovich, Principles of Australian Contract Law, 5th ed, 2021
• Thampapillai & Bruce, Contract Law: Text and Cases, 3rd ed, 2021
Table of contents
- PART I Overview of the Law of Contract
- Chapter 1 Overview of Contract Law
- PART II Contract Formation
- Chapter 2 Estoppel
- Chapter 3 Agreement — Offer and Acceptance
- Chapter 4 Consideration
- Chapter 5 Intention to Create Legal Relations
- Chapter 6 Uncertainty
- Chapter 7 Privity of Contract
- Chapter 8 Assignment of Contractual Rights and Liabilities
- PART III Breach and Construction
- Chapter 9 Breach
- Chapter 10 Construction of Contracts
- PART IV Excuses
- Chapter 11 Misrepresentation and Misleading Conduct
- Chapter 12 Mistake
- Chapter 13 Duress
- Chapter 14 Undue Influence
- Chapter 15 Unconscionable Conduct
- Chapter 16 Formalities
- Chapter 17 Incapacity
- Chapter 18 Illegal Contracts
- PART V Termination
- Chapter 19 Termination by Frustration
- Chapter 20 Termination for Non-fulfilment of Contingent
- Condition
- Chapter 21 Termination for Breach
- Chapter 22 Variation and Termination by Consent
- PART VI Remedies
- Chapter 23 Damages
- Chapter 24 Equitable Remedies
- Chapter 25 Limitation of Actions
- Chapter 26 Restitution and Debt
- PART VII History and Theory
- Chapter 27 Historical Introduction to the Law of Contract
- Chapter 28 A Guide to Contract Theory
