Contract law in the South Pacific / Jennifer Corrin.

Cambridge : Intersentia, 2020.

2nd edition

90151

Contracts -- Oceania.

Contracts -- South Pacific.

1. Introduction

2. Contract and customary laws

3. Formation of an agreement

4. Uncertain and incomplete agreements

5. Intention to create legal relations

6. Consideration

7. Promissory estoppel

8. Privity of contract

9. Terms

10. Formalities

11. Incapacity

12. Misrepresentation

13. Duress, undue influence and unconscionability

14. Mistake

15. Illegality

16. Frustration

17. Discharge by agreement

18. Discharge by performance

19. Termination for breach

20. Remedies.

This book is a unique study of the law of contract in a range of South Pacific Island countries: Cook Islands, Fiji, Kiribati, Marshall Islands, Nauru, Niue, Papua New Guinea, Tokelau, Tonga, Tuvalu, Samoa, Solomon Islands and Vanuatu, to name a few. Whilst this law has yet to establish its own regional identity, it differs significantly from the law of contract which operates in England and Wales. Incorporating an up to date survey of local jurisprudence, this book discusses the common law principles with reference to both regional decisions and case law from England and Wales. Further, it explains how the law of contract differs from country to country within the South Pacific and highlights the areas where regional courts have chosen to follow national legal developments in other countries, such as Australia and New Zealand. Relevant legislation in operation is also discussed, including local enactments and statutes that have been introduced from overseas. In addition, a separate chapter is specifically dedicated to customary laws, exploring the question of whether there is a customary law of contract. It explains the role of customary laws and their place within State law hierarchies of laws in South Pacific legal systems. Subsequent chapters go on to explore the relationship between customary laws and particular State contract laws. - Publisher's website.

Includes bibliographical references and index.

South Pacific collection.

9781780687865

liii, 381 pages ; 24 cm