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Contract Law in Australia, 7th edition (eBook)

Contract Law in Australia, 7th edition (eBook) includes detailed discussion of contract formation, terms, parties, vitiating factors, illegality, performance and breach, and termination.
eBook
SG$ 255.84
Quantity
Published: 01 February, 2018
ISBN/ISSN: 9780409348330
Country: Australia

Product description

Contract Law in Australia 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, with many chapters restructured within a logical and coherent framwork. Developments include: • new Ch 2 (‘Default Rules, Commercial Construction and Good Faith’) • Ch 12 (‘Construction Principles’) substantially rewritten • Discussion of recent High Court decisions, such as: o Paciocco v Australia and New Zealand Banking Group Ltd (penalties) o Electricity Generation Corporation v Woodside Energy Ltd (reasonable endeavours) o Commonwealth Bank of Australia v Barker (implied terms) o Crown Melbourne Ltd v Cosmopolitan Hotel (Vic) Pty Ltd (promissory estoppel and contract terms) o Clark v Macourt (damages) • Legislative changes, such as the extension of unfair contract terms regimes to ‘small business contracts’.
 

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
 

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