Cases & Materials on Contract Law in Australia, 8th edition

$266.50 inc. GST

SKU: ISBN: 9781763500600

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The 8th edition of J W Carter, Cases and Materials on Contract Law in Australia is the first to be published by J W Carter Publishing Pty Ltd and also the first to be published in colour.

This outstanding resource offers explanatory commentary on the key principles of contract law and carefully selected extracts from leading cases, relevant legislation and secondary sources. New features of the 8th edition are:

  • UPDATED statutory extracts, including for the Australian Consumer Law;
  • NEW case extracts, including Jonval Builders Pty Ltd v Commissioner for Fair Trading (2020) (misleading or deceptive conduct), Stubbings v Jams 2 Pty Ltd (2022) (unconscionable conduct) and Mann v Paterson Constructions (2019) (restitution);
  • REVISED commentary on the extracts, incorporating quotations from important cases decided since the 7th ed, including QNI Resources Pty Ltd v North Queensland Pipeline No 1 Pty Ltd (2022), Chevron (TAPL) Pty Ltd v Pilbara Iron Company (Services) Pty Ltd (2021), Realestate.com.au Pty Ltd v Hardingham (2022) and Nitopi v Nitopi (2022);
  • reading lists have been UPDATED AND EXPANDED — introductory reading is now also included; and
  • NEW SECTION devoted to essay questions in the problem questions and answers chapter.

Contents

Preface to 8th Edition
Acknowledgments
Table of Cases
Table of Statutes
Table of Abbreviations
Books
Law Reform Reports
Statutes and Conventions
Restatements, the UCC and UNIDROIT Principles
Glossary
Essential Concepts and Relationships of General Application
Types of Contract
Relationships under Contracts

Part I — Introduction
1  Introduction
2  Good Faith and Commercial Construction

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
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 and Election Between Remedies

Part XI — Questions and Answers
41  Problem Questions
42  Problem Answers

Index