The construction and performance of commercial contracts / Sharon Christensen and William Duncan.

Leichhardt, N.S.W. : The Federation Press, 2018.

2nd edition

88483

Contracts -- Australia.

Commercial law -- Australia.

1. Contracts in contemporary commercial dealings

2. General principles for construction of contracts

3. Termination

4. Liquidated damages clauses

5. Exclusion and limitation of liability clauses

6. Entire agreement clauses

7. Passing of risk in real property transactions

8. Force majeure

9. Contingent conditions

10. Time provisions

11. Confidentiality clauses

12. Notice provisions

13. Further assurance and cooperation

14. Assignment

15. Novation

16. Nomination

17. Guarantees

18. Indemnities

19. Dispute resolution clauses

20. Governing law and jurisdiction clauses.

This book analyses the principles underlying the construction and application of a number of boilerplate and other clauses commonly included in commercial contracts. The second edition fully updates all case and statute law since publication of the first edition in 2014. Several chapters have been extensively revised and updated to incorporate analysis of significant High Court and superior court decisions concerning the construction of contracts, penalties and liquidated damages, and unfair terms. This edition adopts the same chapters and internal format as the first edition so as to maintain easy reader accessibility. The authors have endeavoured to maintain the high standard of legal analysis, extensive referencing and practical relevance favourably commented upon by a reviewer of the first edition in the Australian Business Law Review. This excellent new work provides substantial practical guidance for both general issues of construction of contracts but more particularly, to issues that arise in relation to the construction of specific clauses frequently encountered in commercial contracts. - Publisher's website.

Previous edition: 2014.

Includes index.

9781760021757

lxv, 605 pages ; 25 cm