Principles of Contract Law 4th Ed - eBook

Principles of Contract Law 4th Ed - eBook

By Andrew Robertson, Jeannie Paterson, Arlen Duke

eBook - ProView

$140.00* RRP

Date: 24/05/2012

Code: 41314272

Thomson Reuters, AUSTRALIA


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Principles of Contract Law, 4th Edition remains Australia’s premier text for students of contract law. The new edition has been significantly revised in light of recent developments.

The book has been thoroughly updated in light of the Australian Consumer Law, and includes discussion of the new regimes regulating unfair contract terms, misleading and deceptive conduct, unconscionable dealing and consumer guarantees. Recent amendments to the Electronic Transactions Acts are discussed in the Agreement chapter (Ch 3).

New developments in case law are discussed throughout the book, including:

  • consideration and the intention to be bound: Atco Controls Pty Ltd (in liq) v Newtronics Pty Ltd (recs & mgrs apptd) (in liq) [2009] VSCA 238; (2009) 25 VR 411;
  • certainty and agreements to negotiate in good faith: United Group Rail Services Limited v Rail Corporation New South Wales [2009] NSWCA 177; (2009) 74 NSWLR 618;
  • promissory estoppel and the parol evidence rule: Saleh v Romanous [2010] NSWCA 274;
  • damages for rectification: Tabcorp Holdings Ltd v Bowen Investments Pty Ltd [2009] HCA 8; (2009) 236 CLR 272;
  • the rule against penalties: Interstar Wholesale Finance Pty Ltd v Integral Home Loans Pty Ltd [2008] NSWCA 310;
  • restrictions on the right to terminate – readiness and willingness: Sharjade Pty Ltd v Commonwealth [2009] NSWCA 373;
  • restrictions on the right to terminate – estoppel: W & R Pty Ltd v Birdseye [2008] SASC 321; (2008) 102 SASR 477;
  • restrictions on the right to terminate – waiver: Agricultural and Rural Finance Pty Ltd v Gardiner [2008] HCA 57; (2008) 238 CLR 570;
  • statutory illegality: Master Education Services Pty Ltd v Ketchell [2008] HCA 38; (2008) 236 CLR 101 and Zurich Australia Insurance Ltd v Metals & Minerals Insurance Pty Ltd [2009] HCA 50; (2009) 240 CLR 391; and
  • restraint of trade: Miles v Genesys Wealth Advisors Ltd [2009] NSWCA 25 and BB Australia Pty Ltd v Karioi Pty Ltd [2010] NSWCA 347.

Together with the companion casebook, Contract: Cases and Materials, 12th Edition, Principles of Contract Law, 4th Edition is an essential part of any law student’s contract law library. 

Table of Contents

Part I Introduction
Chapter 1: The Nature Of Contract
Chapter 2: The Place Of Contract Within Private Law
Part II Formation
Chapter 3: Agreement
Chapter 4: Consideration
Chapter 5: Intention
Chapter 6: Certainty
Chapter 7: Formalities
Chapter 8: Capacity
Part III Detrimental Reliance And Unjust Enrichment
Chapter 9: Estoppel
Chapter 10: Restitution
Part IV Parties
Chapter 11: Privity
Part V Express Terms
Chapter 12: Identifying The Express Terms (including extrinsic evidence)
Chapter 13: Construing The Terms (including extrinsic evidence)
Part VI Gap Filling
Chapter 14: Implied Terms (including the duty of good faith)
Chapter 15: Frustration
Part VII Consumer Contracts under the Australian Consumer Law
Chapter 16: Consumer Guarantees
Chapter 17: Unfair Contract Terms
Part VIII Performance And Breach
Chapter 18: Performance And Breach
Part IX Termination
Chapter 19: Termination By Agreement
Chapter 20: Failure Of A Contingent Condition
Chapter 21: Termination For Breach
Chapter 22: Termination For Repudiation
Chapter 23: Termination For Delay
Chapter 24: Consequences Of Affirmation Or Termination
Chapter 25: Restrictions
Part X Remedies For Breach
Chapter 26: The Measure Of Damages
Chapter 27: Limitations On The Award Of Damages
Chapter 28: Liquidated Damages And Penalties
Chapter 29: Actions For Debt
Chapter 30: Specific Performance And Injunctions
Part XI Vitiating Factors
A Misinformation
Chapter 31: Mistake
Chapter 32: Misrepresentation
Chapter 33: Misleading And Deceptive Conduct
B Abuse Of Power
Chapter 34: Duress
Chapter 35: Undue Influence
Chapter 36: Unconscionable Dealing
Chapter 37: Impropriety By Third Parties
Chapter 38: Unconscionable Conduct under Statute
C Remedies
Chapter 39: Rescission
D Illegality
Chapter 40 Contracts Prohibited By Statute
Chapter 41 Contracts Prohibited At Common Law
Chapter 42 The Consequences Of Illegality
Chapter 43 Reform Of Illegal Contracts Law
Appendix: The Australian Consumer Law


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