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Principles of Contract Law 7th ed


ISBN13: 9780455248653
Previous Edition ISBN: 9780455243085
Published: February 2025
Publisher: Thomson Reuters Australia
Country of Publication: Australia
Format: Paperback
Price: £110.00



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Principles of Contract Law, 7th edition, remains Australia’s premier text for students of contract law. The new edition has been substantially revised and updated, including the following:

  • the discussion of electronic transactions in the chapters on agreement and formalities has been revised and updated;
  • the estoppel chapter discusses Guest v Guest [2022] UKSC 27;
  • the restitution chapter has been updated in light of Redland City Council v Kozik [2024] HCA 7;
  • the implied terms chapter has been substantially revised in light of Realestate.com.au Pty Ltd v Hardingham [2022] HCA 39; (2022) 277 CLR 115;
  • the unfair contract terms chapter covers changes introduced by the Treasury Laws Amendment (More Competition, Better Prices) Act 2022 (Cth), as well as new case law, including Karpik v Carnival Plc (‘The Ruby Princess’) [2023] HCA 39;
  • the coverage of consumer guarantees has been expanded and updated to cover recent case law, including Moore v Scenic Tours Pty Ltd [2020] HCA 17; (2020) 268 CLR 326;
  • the discussion of waiver has been rewritten in light of Allianz Australia Insurance Limited v Delor Vue Apartments CTS 39788 [2022] HCA 38, which is discussed in detail;
  • the damages chapter discusses Cessnock City Council v 123 259 932 Pty Ltd [2024] HCA 17;
  • the misleading conduct chapter has been revised and refined in the light of recent case law, including Berry v CCL Secure Pty Ltd [2020] HCA; 271 CLR 151;
  • the duress chapter discusses Times Travel (UK) Ltd v Pakistan International Airlines Corpn [2021] UKSC 40; [2023] AC 101;
  • the unconscionable dealing chapter takes account of recent case law, including Stubbings v Jams 2 Pty Ltd [2022] HCA 6 ; (2022) 276 CLR 1; and
  • the discussion of unconscionable conduct under statute has been revised in light of the High Court decisions in Stubbings v Jams 2 Pty Ltd [2022] HCA 6; (2022) 276 CLR 1 and Productivity Partners Pty Ltd v Australian Competition and Consumer Commission [2024] HCA 27.

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
Index