Principles of Australian Contract Law: Cases and Materials, 4th edition

In Principles of Australian Contract Law: Cases and Materials, the authors draw together the key decisions and relevant legislation that illustrate the development of legal principles underpinning Australian contract law. Each case extract includes a summary of the most important elements — court, facts, issue, and decision — and helpful comments to assist readers to understand why a particular case is important and the principle to be drawn from the decision.

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ISBN/ISSN: 9780409345452
Release Date: October 01, 2017
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ISBN/ISSN: 9780409345469
Release Date: October 01, 2017
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In Principles of Australian Contract Law: Cases and Materials, the authors draw together the key decisions and relevant legislation that illustrate the development of legal principles underpinning Australian contract law. Each case extract includes a summary of the most important elements - court, facts, issue, and decision — and helpful comments to assist readers to understand why a particular case is important and the principle to be drawn from the decision. Relevant secondary sources are also included to expand critical thinking on many topics.

The fourth edition of this text has been fully revised to ensure alignment with current teaching. New case extracts include:

Australian Financial Services and Leasing v Hills Industries (2014)
CA & CA Ballan Pty Ltd v Oliver Hume (Aust) (2017)
Commonwealth Bank v Barker (2014)
Electricity Generation Corp v Woodside Energy (2014)
Gynch v Polish Club Ltd (2015)
Hayward v Zurich Insurance Co (2016)
Paciocco v ANZ Banking Group (2016)
Pavlovic v Universal Music Australia (2015)
Richmond v Moore Stephens Adelaide (2015)

Together with its companion textbook, Principles of Australian Contract Law, this text makes an ideal resource for students, practitioners, and anyone wishing to understand this complex area of law.

Related Titles

• Radan, Gooley & Vickovich, Principles of Australian Contract Law, 4th ed, 2018
Butler, LexisNexis Questions & Answers: Contract Law, 5th ed, 2015
• Mellick & Newlyn, LexisNexis Study Guide: Contract Law, 2015

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Table of contents

Ch 1. Introduction


PART 1 HISTORY AND THEORY


Ch 2. History of Contract Law


Ch 3. Contract Theory


PART 2 FORMATION OF A CONTRACT


Ch 4. The Fact of Agreement


Ch 5. The Requirements of Certainty and Completeness


Ch 6. Consideration


Ch 7. Intention to Create Legal Relations


Ch 8. The Requirement of Writing


Ch 9. Capacity


PART 3 TERMS OF A CONTRACT


Ch 10. Express Terms


Ch 11. Implied Terms


Ch 12. Construction of Contractual Terms


Ch 13. Construction of Exclusion Clauses


PART 4 VITIATING FACTORS


Ch 14. Misprepresentation


Ch 15. Misleading or Deceptive Conduct


Ch 16. Mistake


Ch 17. Duress


Ch 18. Undue Influence


Ch 19. Unconscionable Transactions


Ch 20. Contracts Review Act 1980 (NSW)


Ch 21. Unfair Contracts


PART 5 DISCHARGE


Ch 22. Discharge by Performance


Ch 23. Discharge by Agreement


Ch 24. Discharge by Breach


Ch 25. Discharge by Frustration


PART 6 ILLEGALITY


Ch 26. Statutory Illegality


Ch 27. Common Law Illegality


Ch 28. Effect of Illegality


PART 7 REMEDIES BASED ON CONTRACT


Ch 29. Damages for Breach of Contract


Ch 30. Actions for a Fixed Sum and Debt


Ch 31. Specific Performance


Ch 32. Injunctions


Ch 33. Equitable Damages


Ch 34. Rectification


Ch 35. Rescission


PART 8 OTHER BASES OF RELIEF


Ch 36. Equitable Estoppel


Ch 37. Liability in the Law of Torts


Ch 38. Restitution


PART 9 THIRD PARTY RIGHTS


Ch 39. Privity of Contract


Ch 40. Assignment of Contractual Rights and Liabilities