Publisher description

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.

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

Details

Date: 18/12/2015

Code: 9780455236001