An Introduction to The Law of Contract 11th Edition

An Introduction to The Law of Contract 11th Edition

By Stephen Graw

Book

$160.00 RRP

Date: 06/12/2023

Code: 9780455248219

Lawbook Co., AUSTRALIA

Available Formats

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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

Resource Downloads

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