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Contract Law in Australia, 8th edition

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SKU: ISBN: 9780645348040

Publication date Soft cover: 17 March 2023
Publication date Hard cover: 24 March 2023

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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 High Court cases, including:
    • Pipikos v Trayans
    • Stubbings v Jams 2 Pty Ltd
    • Australian Securities and Investments Commission v Kobelt
    • Price v Spoor
    • Mann v Paterson Constructions Pty Ltd
  • discussion of potentially influential decisions of the UK Supreme Court, including:
    • Devani v Wells
    • MWB Business Exchange Centres Ltd v Rock Advertising Ltd
    • Peninsula Securities Ltd v Dunnes Stores (Bangor) Ltd
    • Egon Zehnder Ltd v Tillman
  • some 500 new case references, taking into account decisions of other courts
  • revision of all chapters, many substantially, particularly chs 9, 24, 26, 27, 28 and 38
  • relevant statutory revisions incorporated, 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))
  • current to December 2022.

Contract Law in Australia is the authoritative text, regularly cited in the courts. Available exclusively from J W Carter Publishing Pty Ltd.

A sample chapter is available on request.

This book has 1060 pages. Available as Paperback and Hard cover. For bulk orders contact info@jwcarterpublishing.com.au.

The Author

Emeritus Professor J W Carter taught contract law at the University of Sydney for more than 30 years and was the General Editor of the Journal of Contract Law between 1988 and March 2023. He is now the General Editor of the Contract and Commercial Law Review.

John is more than an academic. For the past 30 years he has been a consultant to the leading international law firm Herbert Smith Freehills. John’s experience in the world of contract law makes Contract Law in Australia, 8th edition a book you can rely on.



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



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