Contract Law: Commentaries, Cases and Perspectives (3rd edition)

ISBN : 9780195593853

Philip Clarke; Julie Clarke
784 Pages
170 x 245 mm
Pub date
Feb 2016
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Contract Law introduces students to the fundamental principles, theories and arguments in Australian contract law. It provides a carefully selected collection of cases, statutes and materials with insightful commentary designed to give students a thorough understanding of the subject. A detailed introduction is presented in each chapter to clearly set the scene for subsequent materials and commentary and key extracts from leading cases help make contract law engaging and accessible to all readers. Also featured are international perspectives throughout, including comparisons with Indian and Chinese contact law.


Part 1: Introduction
1 Chapter 1: The Nature and Importance of Contract Law

Part 2: Formation
2 Chapter 2: Agreement
3 Chapter 3: Certainty and Conditional Contracts
4 Chapter 4: Consideration
5 Chapter 5: Intention to Create Contractual Relations
6 Chapter 6: Capacity
7 Chapter 7: Formalities

Part 3: Scope and Content
8 Chapter 8: Privity of Contract
9 Chapter 9: The Terms of a Contract
10 Chapter 10: Construct and Classification of Terms
11 Chapter 11: Exclusion Clauses

Part 4: Avoidance
12 Chapter 12: Misleading or Deceptive Conduct
13 Chapter 13: Mistake
14 Chapter 14: Duress
15 Chapter 15: Undue Influence
16 Chapter 16: Unconscionable Conduct
17 Chapter 17: Unfair Terms
18 Chapter 18: Illegality and Public Policy

Part 5: Performance and Termination
19 Chapter 19: Performance
20 Chapter 20: Termination by Agreement
21 Chapter 21: Termination for Breach
22 Chapter 22: Termination by Frustration

Part 6: Remedies
23 Chapter 23: Damages and Liquidated Claims
24 Chapter 24: Equitable Remedies

About the author: 

Philip Clarke Emeritus Professor of Law at Deakin University, Adjunct Professor at Australian Catholic University and a Professor of Law at Swinburne University of Technology; Julie Clarke Associate Professor, Faculty of Business and Law, Deakin University

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