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Cheshire & Fifoot Law of Contract, 12th Edition

Cheshire & Fifoot Law of Contract, 12th Edition

作者： Nicholas Seddon; M.P. Ellinghaus
出版商： LexisNexis Australia
ISBN: 9780409354874
出版时间 December 2022
规格： Paperback
适应领域： Australia ? 免责申明：
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Successive editions of Cheshire & Fifoot Law of Contract have established this work as a definitive Australian text, developed from its roots in the English version over 50 years ago. This 12th edition continues the tradition of meticulous examination and re-examination of every aspect of the law of contract, and related areas such as estoppel, restitution and statutory misleading conduct, as developed by the Australian courts and legislatures.

Although written to meet the needs of practitioners, it also provides a sound and accessible basis for academic study and further research. The authors focus principally on Australian appeal-court decisions, with an intermingling of single-judge decisions that provide important insights. Significant developments across all aspects of the relevant law are discussed, including the following:

• important judicial and academic comment on controversial aspects of estoppel
• online and electronic modes of contracting
• the ‘no-oral variation’ controversy in the UK: Rock Advertising Ltd v MWB Business Exchange Centres Ltd [2018] UKSC 24
• continuing uncertainties stemming from the proportionate liability legislation
• misleading conduct and market-based damages, eg TPT Patrol Pty Ltd ATF Amies Superannuation Fund v Myer Holdings Ltd (2019 – FCA)
• the more stringent test adopted for part performance in Statute of Frauds cases: Pipikos v Trayens (2018 – HCA)
• undue influence: Thorne v Kennedy (2017 – HCA)
• statutory unconscionability, eg ASIC v Kobelt (2019 - HCA); Stubbings v Jams 2 Pty Ltd (2022 – HCA)
• the intersection between contract and restitution: Mann v Paterson Constructions Pty Ltd (2019 – HCA)
• the law relating to lawful-act duress: Pakistan International Airline Corp v Times Travel (UK) Ltd (2021 – UKSC)
• contract construction and the implication of terms
• the assessment of damages
• confirmation limitation periods are subject to contractual agreement to exclude or modify: Price v Spoor (2021 – HCA)

Features

• Comprehensive coverage of important principles of contract law
• Authoritative and current commentary
• Enables readers to approach any contract problem systematically and to identify the legal issues raised and the relevant law
PART 1 – OVERVIEW OF THE LAW OF CONTRACT

1. Overview of Contract Law

PART 2 – CONTRACT FORMATION

2. Estoppel
3. Agreement – Offer and Acceptance
4. Consideration
5. Intention to Create Legal Relations
6. Uncertainty
7. Privity of Contract
8. Assignment of Contractual Rights and Liabilities

PART 3 – BREACH AND CONSTRUCTION

9. Breach
10. Construction of Contracts

PART 4 – EXCUSES

11. Misrepresentation and Misleading Conduct 12. Mistake
13. Duress
14. Undue Influence
15. Unconscionable Conduct
16. Formalities
17. Incapacity
18. Illegal Contracts

PART 5 – TERMINATION

19. Termination by Frustration
20. Termination for Non-fulfilment of Contingent Condition
21. Termination for Breach
22. Variation and Termination by Consent

PART 6 – REMEDIES

23. Damages
24. Equitable Remedies
25. Limitation of Actions
26. Restitution and Debt

PART 7 – HISTORY AND THEORY

27. Historical Introduction to the Law of Contract
28. A Guide to Contract Theory
Nick Seddon is a barrister and solicitor of the Supreme Courts of Victoria and the Australian Capital Territory. He is a Counsel at Ashurst and an Honorary Professor at the ANU College of Law, Australian National University.

Rick Bigwood is a Professor of Law at the TC Beirne School of Law, University of Queensland, and a barrister and solicitor of the High Court of New Zealand and the Supreme Court of the Australian Capital Territory.

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