Principles of contract law / Andrew Robertson, Jeannie Paterson.

Pyrmont, N.S.W. : Lawbook Co., 2020.

6th edition

89553

Contracts -- Australia.

Commercial law -- Australia.

Part I: Introduction

1: The nature of contract

2: The place of contract within private law

Part II: Formation

3: Agreement

4: Consideration

5: Intention

6: Certainty

7: Formalities

8: Capacity

Part III: Detrimental reliance and unjust enrichment

9: Estoppel

10: Restitution

Part IV: Parties

11: Privity

Part V: Express terms

12: Identifying the express terms

13: Construing the terms

Part VI: Gap filling

14: Implied terms

15: Frustration

Part VII: Consumer contracts

16: Unfair contract terms

17: Consumer guarantees

Part VIII: Performance and breach

18: Performance and breach

Part IX: Termination

19: Termination by agreement

20: Failure of a contingent condition

21: Termination for breach

22: Termination for repudiation

23: Termination for delay

24: Consequences of affirmation or termination

25: Restrictions

Part X: Remedies for breach

26: The measure of damages

27: Limitations on the award of damages

28: The rule against penalties

29: Actions for debt

30: Specific performance and injunctions

Part XIA: Vitiating factors: misinformation

31: Mistake

32: Misrepresentation

33: Misleading and deceptive conduct

Part XIB: Vitiating factors: abuse of power

34: Duress

35: Undue influence

36: Unconscionable dealing

37: Impropriety by third parties

38: Unconscionable conduct under statute

Part XIC: Vitiating factors: rescission

39. Rescission

Part XID: Vitiating factors: illegality

40: Contracts prohibited by statute

41: Contracts prohibited at common law

42: The consequences of illegality.

Principles of Contract Law, 6th edition, remains Australia's premier text for students of contract law. The new edition has been substantially revised and updated, including the following: the discussion of part performance has been rewritten in light of Pipikos v Trayans [2018] HCA 39; the estoppel chapter has been substantially rewritten to provide readers with a clear understanding of the range of different views as to the current state of promissory estoppel in Australian law; the restitution chapter has been extensively revised, particularly in light of Mann v Paterson Constructions Pty Ltd [2019] HCA 32; the construction chapter has been substantially expanded to provide more detailed coverage of the courts' general approach to construction, the evidence that may be taken into account (including more detailed discussion of particular categories of extrinsic evidence), the role of contractual purposes and absurdity; in the implied terms chapter, implication for business efficacy and terms implied in law are discussed in greater detail; in the restrictions on termination chapter, the sections on the readiness and willingness requirement and relief against forfeiture have been expanded and made clearer; the penalties chapter has been revised to accommodate the developments in Paciocco v Australia and New Zealand Banking Group Ltd [2016] HCA 28; (2016) 258 CLR 525; the mistake chapter has been substantially rewritten and made clearer throughout; the duress chapter has been revised to capture the key distinction between unlawful and lawful act duress; the undue influence chapter has been updated in the light of Thorne v Kennedy [2017] HCA 49; (2017) 263 CLR 85; and the chapter on statutory unconscionable conduct has been revised to take account of ASIC v Kobelt [2019] HCA 18. - Publisher's website.

9780455243085

lxvi, 924 p. ; 25 cm