Contract Law

Commentaries, Cases and Perspectives

Third Edition

Philip Clarke, Julie Clarke

Contract Law

Commentaries, Cases and Perspectives

Third Edition

Philip Clarke, Julie Clarke

ISBN:

9780195593853

Binding:

Paperback

Published:

22 Feb 2016

Availability:

39

Series:

$159.95 AUD

$183.99 NZD

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Description

Contract Law introduces students to the fundamental principles, theories and arguments in Australian contract law. It provides a carefully selected collection of cases, statutes and materials with insightful commentary designed to give students a thorough understanding of the subject.  A detailed introduction is presented in each chapter to clearly set the scene for subsequent materials and commentary and key extracts from leading cases help make contract law engaging and accessible to all readers. Also featured are international perspectives throughout, including comparisons with Indian and Chinese contact law.

NEW TO THIS EDITION

  • Updated throughout with reference to recent cases and legislative amendments
  • Expanded commentary and additional diagrams and examples
  • New case extracts including:
    • Sidhu v Van Dyke
    • Ashton v Pratt
    • Evans v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs
    • Commonwealth Bank of Australia v Barker
    • OOH! Media Roadside Pty Ltd v Diamond Wheels Pty Ltd
    • Gnych v Polish Club Limited
    • Equuscorp Pty Ltd v Haxton
    • Andrews v Australia and New Zealand Banking Group Ltd
    • Paciocco v Australia and New Zealand Banking Group Ltd

Contents

Part 1: Introduction
1. The Nature and Importance of Contract Law
Part 2: Formation
2. Agreement
3. Certainty and Conditional Contracts
4. Consideration
5. Intention to Create Contractual Relations
6. Capacity
7. Formalities
Part 3: Scope and Content
8. Privity of Contract
9. The Terms of a Contract
10. Construct and Classification of Terms
11. Exclusion Causes
Part 4: Avoidance
12. Misleading or Deceptive Conduct
13. Mistake
14. Duress
15. Undue Influence
16. Unconscionable Conduct
17. Unfair Terms
18. Illegallity and Public Policy
Part 5: Performance and Termination
19. Performance
20. Termination by Agreement
21. Termination for Breach
22. Termination by Frustration
Part 6: Remedies
23. Damages and Liquidated Claims
24. Equitable Remedies

Authors

Philip Clarke: Emeritus Professor of Law at Deakin University, Adjunct Professor at Australian Catholic University and a Professor of Law at Swinburne University of Technology

Julie Clarke: Associate Professor, Faculty of Business and Law, Deakin University