Wildy Logo
(020) 7242 5778
enquiries@wildy.com

Book of the Month

Cover of Company Directors: Duties, Liabilities and Remedies

Company Directors: Duties, Liabilities and Remedies

Edited by: Mark Arnold KC, Simon Mortimore KC
Price: £275.00

Lord Denning: Life, Law and Legacy



  


Welcome to Wildys

Watch


NEW EDITION Pre-order Mortgage Receivership: Law and Practice



 Stephanie Tozer, Cecily Crampin, Tricia Hemans
Practical guidance to relevant law & procedure


Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


Contract: Cases and Materials 14th ed


ISBN13: 9780455243948
Previous Edition ISBN: 9780455235981
Published: February 2020
Publisher: Thomson Reuters Australia
Country of Publication: Australia
Format: Paperback
Price: Price on Application



Low stock.

Contract: Cases and Materials, 14th edition, continues to be the leading casebook for students of contract law in Australia. Significant new cases extracted in this edition include:

  • Pipikos v Trayans [2018] HCA 39 (the doctrine of part performance)
  • Mann v Paterson Constructions Pty Ltd [2019] HCA 32 (total failure of consideration and the availability of restitution where a contract has been terminated for breach restitution);
  • Ecosse Property Holdings Pty Ltd v Gee Dee Nominees Pty Ltd [2017] HCA 12, (2017) 261 CLR 544 (the purposive construction of contracts), along with short extracts from Cherry v Steele-Park [2017] NSWCA 295, (2017) 96 NSWLR 548 and Apple and Pear Australia Ltd v Pink Lady America LLC [2016] VSCA 280 (the availability of extrinsic evidence)
  • short extracts from Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd [2015] UKSC 72, [2016] AC 742 (the requirements for implication of terms in fact) and Esso Australia Resources Pty Ltd v Southern Pacific Petroleum NL[2005] VSCA 228 (the implication of a duty to act in good faith)
  • Australian Competition and Consumer Commission v Chrisco Hampers Australia Ltd [2015] FCA 1204, (2015) 239 FCR 33 (unfair terms)
  • short extracts from Lantry v Tomule Pty Ltd [2007] NSWSC 81 and Sharjade Pty Ltd v The Commonwealth of Australia [2009] NSWCA 373 (the circumstances in which a party in breach will be precluded from terminating a contract)
  • Paciocco v Australia and New Zealand Banking Group Ltd [2016] HCA 28, (2016) 258 CLR 525 (penalties), a short extract from Simic v New South Wales Land and Housing Corporation [2016] HCA 47, (2016) 260 CLR 85 (rectification);
  • Thorne v Kennedy [2017] HCA 49; (2017) 263 CLR 85 (undue influence and unconscionable dealing), and ASIC v Kobelt [2019] HCA 18 (statutory unconscionable conduct)

Subjects:
Other Jurisdictions , Australia
Contents:
Part I. Introduction
Chapter 1: The Nature Of Contract
Chapter 2: The Place Of Contract Within Private Law
Part II. Formation
Chapter 3: Agreement
Chapter 4: Consideration
Chapter 5: Intention
Chapter 6: Certainty
Chapter 7: Formalities
Chapter 8: Capacity
Part III. Detrimental Reliance And Unjust Enrichment
Chapter 9: Estoppel
Chapter 10: Restitution
Part IV. Parties
Chapter 11: Privity
Part V. Express Terms
Chapter 12: Identifying The Express Terms (including extrinsic evidence)
Chapter 13: Construing The Terms (including extrinsic evidence)
Part VI. Gap Filling
Chapter 14: Implied Terms (including the duty of good faith)
Chapter 15: Frustration
Part VII. Consumer Contracts under the Australian Consumer Law
Chapter 16: Consumer Guarantees
Chapter 17: Unfair Contract Terms
Part VIII. Performance And Breach
Chapter 18: Performance And Breach
Part IX. Termination
Chapter 19: Termination By Agreement
Chapter 20: Failure Of A Contingent Condition
Chapter 21: Termination For Breach
Chapter 22: Termination For Repudiation
Chapter 23: Termination For Delay
Chapter 24: Consequences Of Affirmation Or Termination
Chapter 25: Restrictions
Part X. Remedies For Breach
Chapter 26: The Measure Of Damages
Chapter 27: Limitations On The Award Of Damages
Chapter 28: Liquidated Damages And Penalties
Chapter 29: Actions For Debt
Chapter 30: Specific Performance And Injunctions
Part XI. Vitiating Factors
A. Misinformation
Chapter 31: Mistake
Chapter 32: Misrepresentation
Chapter 33: Misleading And Deceptive Conduct
B. Abuse Of Power
Chapter 34: Duress
Chapter 35: Undue