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Vol 21 No 11 Nov/Dec 2016

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Principles of Contract Law 5th ed

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ISBN13: 9780455236001
Published: December 2015
Publisher: Thomson Reuters Australia
Country of Publication: Australia
Format: Paperback
Price: £81.00



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Principles of Contract Law, 5th Edition remains Australia’s premier text for students of contract law. The new edition has been significantly revised in light of recent developments, including the following.

  • clarification and confirmation of the new approach to presumptions in relation to the intention to create legal relations requirement: Ashton v Pratt; and Evans v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs;
  • growing divisions about the nature and scope of application of promissory estoppel: DHJPM Pty Ltd v Blackthorn Resources Ltd;
  • developments in the law of restitution, including the role of unjust enrichment as well as the change of position and illegality defences to restitutionary claims: Australian Financial Services and Leasing Pty Ltd v Hills Industries;
  • recent High Court approaches to construction and implication of terms: Electricity Generation Corporation v Woodside Energy Ltd;
  • developments in principles applying to termination for non-fulfilment of a contingent condition: Principal Properties Pty Ltd v Brisbane Broncos Leagues Club Ltd;
  • discussion of the scope of the penalty doctrine: Paciocco v Australia and New Zealand Banking Group Ltd;
  • discussion of recent case law applying the prohibition against misleading or deceptive conduct, including: Madden v Seafolly Pty Ltd and Australian Competition and Consumer Commission v TPG Internet Pty Ltd;
  • important new case law on both unconscionable dealing in equity and under statute: Kakavas v Crown Melbourne Ltd; and
  • discussion of recent illegality cases: McHugh v Australian Jockey Club Ltd.

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Subjects:
Other Jurisdictions , Australia
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