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Cheshire and Fifoot's Law of Contract 11th Australian Edition


ISBN13: 9780409343977
Published: November 2017
Publisher: LexisNexis Australia
Country of Publication: Australia
Format: Hardback
Price: Out of print
Paperback edition out of print, ISBN13 9780409343960



The Cheshire & Fifoot Law of Contract, 11th edition 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