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Principles of Contract Law, 6th Edition

Principles of Contract Law, 6th Edition

作者： Paterson; Robertson; Duke
出版商： Lawbook Co.
ISBN: 9780455243085
出版时间 February 2020
规格： Paperback
适应领域： Australia ? 免责申明：
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Principles of Contract Law, 6^th 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.
Part I Introduction
Chapter 1: The Nature Of Contract
Chapter 2: The Place Of Contract Within Private Law
Part II Formation
Chapter 3: Agreement
Chapter 4: Consideration
Chapter 5: Intention
Chapter 6: Certainty
Chapter 7: Formalities
Chapter 8: Capacity
Part III Detrimental Reliance And Unjust Enrichment
Chapter 9: Estoppel
Chapter 10: Restitution
Part IV Parties
Chapter 11: Privity
Part V Express Terms
Chapter 12: Identifying The Express Terms (including extrinsic evidence)
Chapter 13: Construing The Terms (including extrinsic evidence)
Part VI Gap Filling
Chapter 14: Implied Terms (including the duty of good faith)
Chapter 15: Frustration
Part VII Consumer Contracts under the Australian Consumer Law
Chapter 16: Consumer Guarantees
Chapter 17: Unfair Contract Terms
Part VIII Performance And Breach
Chapter 18: Performance And Breach
Part IX Termination
Chapter 19: Termination By Agreement
Chapter 20: Failure Of A Contingent Condition
Chapter 21: Termination For Breach
Chapter 22: Termination For Repudiation
Chapter 23: Termination For Delay
Chapter 24: Consequences Of Affirmation Or Termination
Chapter 25: Restrictions
Part X Remedies For Breach
Chapter 26: The Measure Of Damages
Chapter 27: Limitations On The Award Of Damages
Chapter 28: Liquidated Damages And Penalties
Chapter 29: Actions For Debt
Chapter 30: Specific Performance And Injunctions
Part XI Vitiating Factors
A Misinformation
Chapter 31: Mistake
Chapter 32: Misrepresentation
Chapter 33: Misleading And Deceptive Conduct
B Abuse Of Power
Chapter 34: Duress
Chapter 35: Undue Influence
Chapter 36: Unconscionable Dealing
Chapter 37: Impropriety By Third Parties
Chapter 38: Unconscionable Conduct under Statute
C Remedies
Chapter 39: Rescission
D Illegality
Chapter 40 Contracts Prohibited By Statute
Chapter 41 Contracts Prohibited At Common Law
Chapter 42 The Consequences Of Illegality
Chapter 43 Reform Of Illegal Contracts Law
Appendix: The Australian Consumer Law

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