Contract: Cases & Materials 14th edition

Contract: Cases and Materials, 14^th edition, continues to be the leading casebook for students of contract law in Australia. Significant new cases extracted in this edition include:

• Pipikos v Trayans [2018] HCA 39 (the doctrine of part performance);
• Mann v Paterson Constructions Pty Ltd [2019] HCA 32 (total failure of consideration and the availability of restitution where a contract has been terminated for breach restitution);
• Ecosse Property Holdings Pty Ltd v Gee Dee Nominees Pty Ltd [2017] HCA 12; (2017) 261 CLR 544 (the purposive construction of contracts), along with short extracts from Cherry v Steele-Park [2017] NSWCA 295; (2017) 96 NSWLR 548 and Apple and Pear Australia Ltd v Pink Lady America LLC [2016] VSCA 280 (the availability of extrinsic evidence);
• short extracts from Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd [2015] UKSC 72; [2016] AC 742 (the requirements for implication of terms in fact) and Esso Australia Resources Pty Ltd v Southern Pacific Petroleum NL[2005] VSCA 228 (the implication of a duty to act in good faith);
• Australian Competition and Consumer Commission v Chrisco Hampers Australia Ltd [2015] FCA 1204; (2015) 239 FCR 33 (unfair terms);
• short extracts from Lantry v Tomule Pty Ltd [2007] NSWSC 81 and Sharjade Pty Ltd v The Commonwealth of Australia [2009] NSWCA 373 (the circumstances in which a party in breach will be precluded from terminating a contract);
• Paciocco v Australia and New Zealand Banking Group Ltd [2016] HCA 28; (2016) 258 CLR 525 (penalties);
• a short extract from Simic v New South Wales Land and Housing Corporation [2016] HCA 47; (2016) 260 CLR 85 (rectification);
• Thorne v Kennedy [2017] HCA 49; (2017) 263 CLR 85 (undue influence and unconscionable dealing); and
• ASIC v Kobelt [2019] HCA 18 (statutory unconscionable conduct).

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Part I Introduction

Chapter 1: The Nature Of Contract

Chapter 2: The Place Of Contract Within Private Law

Part II Formation

Chapter 3: Agreement

Chapter 4: Consideration

Chapter 5: Intention

Chapter 6: Certainty

Chapter 7: Formalities

Chapter 8: Capacity

Part III Detrimental Reliance And Unjust Enrichment

Chapter 9: Estoppel

Chapter 10: Restitution

Part IV Parties

Chapter 11: Privity

Part V Express Terms

Chapter 12: Identifying The Express Terms (including extrinsic evidence)

Chapter 13: Construing The Terms (including extrinsic evidence)

Part VI Gap Filling

Chapter 14: Implied Terms (including the duty of good faith)

Chapter 15: Frustration

Part VII Consumer Contracts under the Australian Consumer Law

Chapter 16: Consumer Guarantees

Chapter 17: Unfair Contract Terms

Part VIII Performance And Breach

Chapter 18: Performance And Breach

Part IX Termination

Chapter 19: Termination By Agreement

Chapter 20: Failure Of A Contingent Condition

Chapter 21: Termination For Breach

Chapter 22: Termination For Repudiation

Chapter 23: Termination For Delay

Chapter 24: Consequences Of Affirmation Or Termination

Chapter 25: Restrictions

Part X Remedies For Breach

Chapter 26: The Measure Of Damages

Chapter 27: Limitations On The Award Of Damages

Chapter 28: Liquidated Damages And Penalties

Chapter 29: Actions For Debt

Chapter 30: Specific Performance And Injunctions

Part XI Vitiating Factors

A Misinformation

Chapter 31: Mistake

Chapter 32: Misrepresentation

Chapter 33: Misleading And Deceptive Conduct

B Abuse Of Power

Chapter 34: Duress

Chapter 35: Undue Influence

Chapter 36: Unconscionable Dealing

Chapter 37: Impropriety By Third Parties

Chapter 38: Statutory Unconscionability And Unfair Terms

C Remedies

Chapter 39: Rescission

D Illegality

Chapter 40 Contracts Prohibited By Statute

Chapter 41 Contracts Prohibited At Common Law

Chapter 42 The Consequences Of Illegality

Part I Introduction

Chapter 1: The Nature Of Contract

Chapter 2: The Place Of Contract Within Private Law

Part II Formation

Chapter 3: Agreement

Chapter 4: Consideration

Chapter 5: Intention

Chapter 6: Certainty

Chapter 7: Formalities

Chapter 8: Capacity

Part III Detrimental Reliance And Unjust Enrichment

Chapter 9: Estoppel

Chapter 10: Restitution

Part IV Parties

Chapter 11: Privity

Part V Express Terms

Chapter 12: Identifying The Express Terms (including extrinsic evidence)

Chapter 13: Construing The Terms (including extrinsic evidence)

Part VI Gap Filling

Chapter 14: Implied Terms (including the duty of good faith)

Chapter 15: Frustration

Part VII Consumer Contracts under the Australian Consumer Law

Chapter 16: Consumer Guarantees

Chapter 17: Unfair Contract Terms

Part VIII Performance And Breach

Chapter 18: Performance And Breach

Part IX Termination

Chapter 19: Termination By Agreement

Chapter 20: Failure Of A Contingent Condition

Chapter 21: Termination For Breach

Chapter 22: Termination For Repudiation

Chapter 23: Termination For Delay

Chapter 24: Consequences Of Affirmation Or Termination

Chapter 25: Restrictions

Part X Remedies For Breach

Chapter 26: The Measure Of Damages

Chapter 27: Limitations On The Award Of Damages

Chapter 28: Liquidated Damages And Penalties

Chapter 29: Actions For Debt

Chapter 30: Specific Performance And Injunctions

Part XI Vitiating Factors

A Misinformation

Chapter 31: Mistake

Chapter 32: Misrepresentation

Chapter 33: Misleading And Deceptive Conduct

B Abuse Of Power

Chapter 34: Duress

Chapter 35: Undue Influence

Chapter 36: Unconscionable Dealing

Chapter 37: Impropriety By Third Parties

Chapter 38: Statutory Unconscionability And Unfair Terms

C Remedies

Chapter 39: Rescission

D Illegality

Chapter 40 Contracts Prohibited By Statute

Chapter 41 Contracts Prohibited At Common Law

Chapter 42 The Consequences Of Illegality