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Cheshire & Fifoot Law of Contract, 11th Australian edition

Cheshire & Fifoot Law of Contract, 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.
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ISBN/ISSN: 9780409343960
Country: Australia

Description of Product

Cheshire & Fifoot Law of Contract, 11th Australian 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

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Table of contents

PART 1 – OVERVIEW OF THE LAW OF CONTRACT


1. Overview of Contract Law


PART 2 – CONTRACT FORMATION


2. Estoppel
3. Agreement – Offer and Acceptance
4. Consideration
5. Intention to Create Legal Relations
6. Uncertainty
7. Privity of Contract
8. Assignment of Contractual Rights and Liabilities


PART 3 – BREACH AND CONSTRUCTION


9. Breach
10. Construction of Contracts


PART 4 – EXCUSES


11. Misrepresentation and Misleading Conduct 12. Mistake
13. Duress
14. Undue Influence
15. Unconscionable Conduct
16. Formalities
17. Incapacity
18. Illegal Contracts


PART 5 – TERMINATION


19. Termination by Frustration
20. Termination for Non-fulfilment of Contingent Condition
21. Termination for Breach
22. Variation and Termination by Consent


PART 6 – REMEDIES


23. Damages
24. Equitable Remedies
25. Limitation of Actions
26. Restitution and Debt


PART 7 – HISTORY AND THEORY


27. Historical Introduction to the Law of Contract
28. A Guide to Contract Theory