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Contract Law in Australia 8th ed


ISBN13: 9780645348057
Published: March 2023
Publisher: JW Carter Publishing
Country of Publication: Australia
Format: Hardcover
Price: £210.00
Paperback edition , ISBN13 9780645348040



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As in previous editions, Contract Law in Australia bridges the gap between students and practitioners with in-depth analysis of contract law in an ordered and direct presentation that combines detailed discussion of the key cases with extensive citations of secondary literature..

Features of the 8th edition include analysis of a dozen new Australian High Court cases such as Pipikos v Trayans and Stubbings v Jams 2 Pty Ltd, and discussion of potentially influential decisions of the UK Supreme Court such as Devani v Wells and MWB Business Exchange Centres Ltd v Rock Advertising Ltd. In all the new edition includes some 500 new case references, taking into account decisions of other courts.

The new edition reflects subscription revision of all chapters, particularly chapters 9, 24, 26, 27, 28 and 38, and incorporates relevant statutory revisions including amendments to s 127 of the Corporations Act 2001 (Cth) and the Australian Consumer Law (such as the Treasury Laws Amendment (More Competition, Better Prices) Act 2022 (Cth)).

The text is current to December 2022.

Subjects:
Other Jurisdictions , Australia
Contents:
Preface
Table of Cases
Table of Statutes

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. Rights to Terminate
31. Restrictions on Termination
32. Consequences of Termination

Part IX — Termination by Frustration
33. Frustration of Contract
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
40. Injunction

Bibliography
Index