Australian Contract Law: Principles and Cases Second Edition

Australian Contract Law: Principles and Cases Second Edition

By May Fong Cheong

Book

$139.00* RRP

Forthcoming Release, 30/01/2025

Code: 9780455246956

Lawbook Co., AUSTRALIA

Available Formats

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Description

Australian Contract Law: Principles and Cases

Australian Contract Law: Principles and Cases Second Edition is a distinctive two-in-one text that concisely sets out general principles of contract law illustrated through key cases. The unique structure of the chapters, beginning with a systematic exposition of principles followed by case extracts with emphasis on salient facts, key issues, and carefully selected excerpts of judgments, aid the study and analysis of contract law.

This second edition includes three new chapters (Specific Performance, Injunctions, and Restitution and Unjust Enrichment) and comprehensively covers the fundamentals of contract law in five parts: Formation of Contract, Terms, Avoidance, Discharge, and Remedies. This fully revised edition incorporates recent legislative changes on unfair contract terms in the Australian Consumer Law and developments in case law including:

  • Productivity Partners Pty Ltd (trading as Captain Cook College) v ACCC (2024) on unconscionable conduct;
  • Cessnock City Council v 123 259 932 Pty Ltd (2024) on reliance damages;
  • Karpik v Carnival Plc (2023) on unfair contract terms;
  • Self Care IP Holdings Pty Ltd v Allergan Australia Pty Ltd (2023) on misleading or deceptive conduct; and
  • Laundy Hotels (Quarry) Pty Ltd v Dyco Hotels Pty Ltd (2023) on frustration and COVID-19.

Features of the second edition:

  • New sections on smart contracts and blockchain technology, assignment of contractual rights, and consumer guarantees.
  • Extensive topical references to journal articles for further reading.
  • Each chapter provides two sets of questions:  Discussion Questions for deeper learning (completely reformulated from the first edition) and Problem-Based Questions for solving hypothetical contract disputes (with an additional question per chapter).
  • Five guides (four new to this edition) covering essential skills: reading cases, reading statutes, answering problem-based questions, answering research questions, and writing opinions.
  • A Sample Sale of Goods Contract is also included.

About the author

May Fong Cheong is an Associate Professor at the School of Private and Commercial Law, Faculty of Law & Justice, UNSW Sydney. She obtained her PhD at the University of Sydney and has published widely in the comparative law of contract and competition. This book draws from her extensive teaching of contract law over more than two decades across multiple law schools.

 

Table of Contents

Foreword to the First Edition

Preface to the Second Edition

Front Cover Explanation

Contents

Detailed Contents

Table of Cases

Table of Statutes

Abbreviations

 

Preliminaries

Essential Guides to Studying Law

 

1. Introduction

 

PART I: FORMATION OF CONTRACT

2. Agreement

3. Consideration

4. Intention to Create Legal Relations

5. Certainty

6. Formalities

7. Capacity

8. Privity of Contract and Assignment

 

PART II: TERMS

 9.  Express Terms

10. Implied Terms and Consumer Guarantees.

11. Construction of Terms

12. Exclusion Clauses and Unfair Contract Terms

 

PART III: AVOIDANCE AND STATUTORY PROHIBITIONS

13. Rescission

14. Misrepresentation

15. Misleading or Deceptive Conduct

16. Duress

17. Undue Influence

18. Unconscionable Dealing and Unconscionable Conduct

19. Mistake

20. Illegality

 

PART IV: DISCHARGE

21. Frustration

22. Performance 

23. Termination 

 

PART V: REMEDIES

24. Damages

25. Specific Performance

26. Injunctions

27. Restitution and Unjust Enrichment

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