Contract in commercial law / edited by Simone Degeling, James Edelman, James Goudkamp.

Pyrmont, N.S.W. : Thomson Reuters (Professional) Australia Limited, 2016.

1st edition

87469

Commercial law.

Contracts.

1. Introduction

2. Getting Your Sold Soul Back: The Limitations and Justifications of Waiver

3. Is a Relational Contract a Legal Concept?

4. The Doctrine of Consideration in Contract: Some Historical and Comparative Perspectives

5. Reforming Consideration: No Greener Pastures

6. Characterisation: Its Place in contractual Analysis and Related Enquiries

7. Interpretation, Evidence, and the Discovery of Contractual Intention

8. The Foundations of Implied Terms: Logic, Efficacy and Purpose

9. The Meaning of Words and the Intentions of People

10. The Many Versions of Rectification for Common Mistake

11. The Emergence of Good Faith as a Principle of Contract Performance

12. Encounters with History, Theory and Doctrine: Some Reflections on Discharge by Breach of Contract

13. Of Debts, Damages and Errant Trustees

14. Specific Implement and Specific Performance: Are They Really Much the Same?

15. Commonwealth v Amann Aviation Pty Ltd 25 Years On: Re-examining the Problem of Pre-breach Expenditure in Contract Law

16. Equitable Estoppel as a Cause of Action: Neither One Thing Nor One Other

17. The Mechanics of Equitable Assignments: One Engine or Two?

18. Excluding Exclusion Clauses: Judicial and Statutory Techniques, Freedom of Contract and Public Policy

19. Illegality as a Defence in Contract

20. Doctrinal Approaches to the Law of Penalties: A Post Andrews Intention-based Defence of Relief against Fixed Contractual Penalties.

"Contract in commercial law is a collection of essays based on the papers presented at the Contracts in Commercial Law Conference 2015. This work brings together the views of leading commentators in the area - Judges, academics and legal practitioners- in this key area of the law. This publication is the fourth title in the prestigious "Commercial law library" series, accompanying Equity in commercial law, Unjust enrichment in commercial law and Torts in commercial law. Together these works comprise an unparalleled collection of essays examining deeper controversies and issues of principle in commercial law. Contract in Commercial Law guides practitioners through a complex, difficult and controversial area of the law, offering a unique resource illuminating the many particular and difficult issues of contract law." - Publisher's website.

Includes bibliographical references and index.

9780455237688

xxxix, 518 pages ; 25 cm