Description
An Introduction to the Law of Contract 11th Edition provides an updated and enhanced coverage of the law of contract in an easy to read and understandable format.
This edition includes reference to both the major cases decided since 2020 and statutory changes that have affected the law. Specifically included are references to the High Court’s decisions in:
- Realestate.com.au v Hardingham – inferred and implied terms;
- Workpac Pty Ltd v Rossato – contractual ‘labels’;
- H Lundbeck A/S v Sandoz Pty Ltd and Laundy Hotels (Quarry) Pty Ltd v Dyco Hotels Pty Ltd – construction of contracts;
- Self Care IP Holdings Pty Ltd v Allergan Australia Pty Ltd – misleading or deceptive conduct;
- Stubbings v Jams 2 Pty Ltd – unconscionable conduct;
- Price v Spoor – limitation of actions; and
- Arsalan v Rixon and Talacko v Talacko – mitigation of damages.
An Introduction to the Law of Contract also references a large number of other Federal, State and Territory court decisions, either reinforcing existing principle, clarifying areas of uncertainty or breaking new ground, including:
- Asmar v Albanese, Camenzuli v Morrison, Cockman v Gorman and Cuthbert v Abbott – contractual intention;
- Prime Capital Securities Pty Ltd v Gore Hill Transport Pty Ltd – illusory consideration;
- Harris v Harris – relief available in cases of promissory estoppel;
- HDI Global Specialty SE v Wonkana No 3 Pty Ltd – the contra proferentem rule;
- Yu v Yu and Daley v Donaldson – common mistake;
- Johnson v Mackinnon – non-disclosure;
- Zong v Wang – meaning of ‘in trade or commerce’;
- DXC Eclipse Pty Ltd v Wildsmith, McMurchy v Employsure Pty Ltd and Belflora Pty Ltd v Vinflora Pty Ltd – restraint of trade clauses; and
- Seymour v Drill Engineering & Pastoral Company Pty Ltd – performance.
Discussions on the changes to the Australian Consumer Law affecting the definition of ‘consumer transaction’, unfair contract terms and penalties are also included and to legislation changing the jurisdiction and structure of State, Federal and Territory courts.
Table of Contents
Chapter 1: An introduction to the Australian legal system
Chapter 2: An introduction to contract
Chapter 3: The offer
Chapter 4: Acceptance
Chapter 5: Intention to be bound
Chapter 6: Consideration
Chapter 7: Capacity to contract
Chapter 8: Privity of contract
Chapter 9: Contents of a contract
Chapter 10: Exempting, excluding and limiting terms
Chapter 11: Mistake
Chapter 12: Misrepresentation
Chapter 13: Duress, undue influence and unconscionability
Chapter 14: Illegal and void contracts
Chapter 15: Discharging a contract
Chapter 16: Remedies
Chapter 17: Contracting electronically
Contract Law