Contract Law in Australia, 7th edition

Authoritative and comprehensive coverage of Australian contract law

Book
AUD$ 188.00
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ISBN/ISSN: 9780409348316

Product description

Contract Law in Australia, 7th edition provides comprehensive coverage of all aspects of contract law in Australia. The authoritative analysis includes detailed discussion of contract formation, terms, parties, vitiating factors, illegality, performance and breach, and termination. An emphasis on the remedial side of contract law, the easy to follow format, the book’s regular citation in the courts, copious references to secondary sources and a detailed index all combine to make it the ideal work on contract law for students and practitioners alike.


The seventh edition continues the clear and concise style that has made previous editions so successful. All chapters have been revised to cover developments since the sixth edition. Chapter 2 (‘Default Rules, Commercial Construction and Good Faith’) is entirely new and Chapter 12 (‘Construction Principles’) has been substantially rewritten. Many other chapters have been restructured within a logical and coherent framework. Important cases discussed include High Court decisions such as Paciocco v Australia and New Zealand Banking Group Ltd (penalties), Electricity Generation Corporation v Woodside Energy Ltd (reasonable endeavours) and Commonwealth Bank of Australia v Barker (implied terms). Legislative changes such as the extension of the unfair contract terms regimes to ‘small business contracts’ are also addressed.

 

Features

• Authoritative and experienced author
• Comprehensive coverage
• Clear layout and design
• Covers contracts under the Australian Consumer Law

 

Related Titles

Carter, Cases and Materials on Contract Law in Australia, 6th edition, 2011
Carter, Carter’s Guide to Australian Contract Law, 3rd ed., 2015
Carter, Carter’s Breach of Contract, 2011
Carter, Quick Reference Card — Contract Law I, 2nd ed, 2015
Carter, Quick Reference Card — Contract Law II, 2nd ed, 2015
Mason, Carter & Tolhurst, Mason & Carter’s Restitution Law in Australia, 3rd ed, 2016

Table of contents

Part I – Introduction




1. Introduction

2. Default Rules, Commercial Construction and Good Faith




Part II – Agreement




3. Formation of Contract

4. Uncertain and Incomplete Promises

5. Conditional Promises

6. Promises Supported by Consideration

7. Promises Supported by Estoppel

8. Promises Intended to Create Legal Relations

9. Promises Requiring Written Evidence




Part III – Terms of the Contract




10. Express Terms

11. Implied Terms and Consumer Guarantees

12. Construction Principles

13. Classification of Terms

14. Exclusion Clauses




Part IV – Parties to the Contract




15. Capacity

16. Privity of Contract and Plurality of Parties

17. Assignment of Contractual Rights




Part V – Vitiating Factors




18. Contracts Induced by Misleading Conduct

19. Misleading Conduct Under Statute

20. Contractual Mistake

21. Documents Mistakenly Signed

22. Duress

23. Undue Influence

24. Unconscionable Conduct, Unjust Contracts and Unfair Terms




Part VI – Illegality




25. Illegal Contracts

26. Contracts in Restraint of Trade

27. The Effects of Illegality




Part VII – Performance and Breach




28. Performance of the Contract

29. Breach of Contract




Part VIII – Termination for Breach or Repudiation




30. Right to Terminate for Breach or Repudiation

31. Restrictions on Termination

32. Consequences of Termination




Part IX – Termination by Frustration




33. Termination by Frustration

34. Consequences of Frustration




Part X- Remedies




35. General Principles of Contract Damages

36. Particular Issues in Contract Damages

37. Recovery of Sums Fixed by the Contract

38. Restitution

39. Specific Performance