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Vol 22 No 12 Dec 17/Jan 18

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McGregor on Damages

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Contract Law 4th ed isbn 9780195578461

Contract Law 2nd ed

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ISBN13: 9780195517361
ISBN: 0195517369
New Edition ISBN: 9780195578461
Previous Edition ISBN: 0195510062
Published: June 2005
Publisher: Oxford University Press
Country of Publication: Australia
Format: Paperback
Price: Out of print

Contract law governs a wide range of transactions, from multi-million-dollar commercial deals to simple, everyday exchanges. While many of the principles of contract law are firmly established, the authors of Contract Law 2nd ed argue that the law in Australia is in a state of flux. It is, for example, experiencing the increasing influence of the equitable principle of unconscionability and the effects of a greater focus on restitutionary remedies. It is also experiencing the increasing influence of legislative intervention, both at the Federal and State level, such as amendments to the Trade Practices Act, and the use of electronic transactions within the business community.

This second edition of Contract Law provides a concise, extensively researched, and comprehensive review of the principles of contract law, including the latest legal developments. Complex topics are explained in a clear and accessible style and illustrated by case examples.

Topics include:-

  • formation,
  • content,
  • enforcement,
  • vitiating factors,
  • discharge of contracts and remedies.
Each chapter includes perspectives from two of Australia’s major trading partners - New Zealand and the United States, as well as an examination of international contracts. The book also features chapters on contract negotiation and contract theory. New issues raised by technology, including the Internet and the Electronic Transactions Act 1999 (Cth) are also addressed.

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Table of Cases
Table of Statutes
Part 1: Overview
1. Introduction
2. Negotiation
Part II: Formation
3. Agreement
4. Certainty & Completeness
5. Intention to create legal relations
6. Consideration
7. Equitable estoppel
Part III: Content
8. Terms I: Establishing contractual terms
9. Terms II: Construction of terms
Part IV: Limits on Enforcement of Contracts
10. Capacity
11. Formalities
12. Privity
Part V: Vitiating Factors
13. Misrepresentation and misleading or deceptive conduct
14. Mistake
15. Duress
16. Undue influence
17. Unconscionable conduct
18. Void and illegal contracts
Part VI: Discharge of the contract
19. Discharge by performance
20. Discharge by termination
21. Discharge by agreement
22. Frustration
Part VII : Remedies
23. Damages
24. Restitution
25. Equitable remedies
Part VIII: International Contracts
26. International Contracts
Part IX: Themes, Critical Perspectives, and Ideologies
27. Themes, Critical Perspectives, and Ideologies