Commercial Law: Commentary and Materials 3rd ed

Commercial Law: Commentary and Materials 3rd ed

By Gail Pearson, Simon Fisher, Elisabeth Peden, GJ Tolhurst


$188.00 RRP

Date: 25/06/2010

Code: 9780455226286

Thomson Reuters, AUSTRALIA


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Commercial Law: Commentary and Materials, 3rd Edition is an extensive compilation of extracted primary and secondary materials divided into the broad categories of personal property; commercial contracts; and commercial conduct.

After years of negotiations between States and the lending institutions, the Commonwealth Government has instituted an overall regime for credit protection with the National Consumer Credit Protection Act 2009 (Cth) (NCCPA). The NCCPA establishes one uniform regime for consumer credit regulation in Australia.

In December 2009, the Commonwealth also passed the Personal Property Securities Act 2009 (Cth) (PPSA). Instead of the amalgam of state laws, common law and equity that was previously in place, the PPSA is a single Commonwealth Act that provides rules for the creation, extinguishment and enforcement of security interests in personal property and for determining priority among competing security interests.

This new edition has been comprehensively revised to take into consideration the significant impacts made by these legislative amendments. It also includes discussion of further legislative changes to come as a result of the national consumer law agenda, notably in “unfair terms” in contracts and possible modifications to statutory implied terms. Also covered are the potential impact of the PPSA on reservation of title and security interests, and amendments to the Corporations Act upon commencement of the PPSA on 15 December 2009.

Important case law in the new edition includes:

  • discussion of agency by estoppel and ostensible authority and the High Court’s controversial decision in Pacific Carriers Ltd v BNP Paribas;
  • examination of security interests in General Motors Acceptance Corporation Australia v Southbank Traders Pty Ltd; and
  • unconscionable conduct by franchisors in Hoy Mobile Pty Ltd v Allphones Retail Pty Ltd (No 2).

Commercial Law: Commentary and Materials, 3rd Edition is a comprehensive resource for students in commercial law units and ideal for practitioners as a reference collection.

Table of Contents

Part I Fundamentals of Commercial Law
1. Introducing Australian Commercial Law: Beginnings, Influences and the Future
2. The Nature of Personal Property
3. Transfer of Ownership
4. Bailment

Part II Agency
5. Agency
Part III Transfer of Property in Goods
6. The Contract of Sale
7. Transfer of Property
8. Reservation of Title
9. The Transfer of Title (By Non-owner)

Part IV Misleading and Unconscionable Dealing
10. The Regulatory Regimes
11. When is Conduct Misleading?
12. Future, Further, Unfair
13. Unconscionability

Part V Liability for Goods and Services
14. Introduction and Express Terms
15. Implied Terms
16. Product Liability — Defective Goods Causing Injury and Loss

Part VI Finance
17. Security Interests Over Personal Property
18. Consumer Credit
19. Negotiable Instruments
20. Sale of Goods
21. Trade Practices

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