An Introduction to the Law of Contract

Graw, Stephen (2023) An Introduction to the Law of Contract. Thomson Reuters, Sydney, NSW, Australia.

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Abstract

An Introduction to the Law of Contract 11th Edition provides an updated and enhanced coverage of the law of contract in an easy to read and understandable format.

This edition includes reference to both the major cases decided since 2020 and statutory changes that have affected the law. Specifically included are references to the High Court’s decisions in:

- Realestate.com.au v Hardingham – inferred and implied terms;

- Workpac Pty Ltd v Rossato – contractual ‘labels’;

- H Lundbeck A/S v Sandoz Pty Ltd and Laundy Hotels (Quarry) Pty Ltd v Dyco Hotels Pty Ltd – construction of contracts;

- Self Care IP Holdings Pty Ltd v Allergan Australia Pty Ltd – misleading or deceptive conduct;

- Stubbings v Jams 2 Pty Ltd – unconscionable conduct;

- Price v Spoor – limitation of actions; and

- Arsalan v Rixon and Talacko v Talacko – mitigation of damages.

An Introduction to the Law of Contract also references a large number of other Federal, State and Territory court decisions, either reinforcing existing principle, clarifying areas of uncertainty or breaking new ground, including:

- Asmar v Albanese, Camenzuli v Morrison, Cockman v Gorman and Cuthbert v Abbott – contractual intention;

- Prime Capital Securities Pty Ltd v Gore Hill Transport Pty Ltd – illusory consideration;

- Harris v Harris – relief available in cases of promissory estoppel;

- HDI Global Specialty SE v Wonkana No 3 Pty Ltd – the contra proferentem rule;

- Yu v Yu and Daley v Donaldson – common mistake;

- Johnson v Mackinnon – non-disclosure;

- Zong v Wang – meaning of ‘in trade or commerce’;

- DXC Eclipse Pty Ltd v Wildsmith, McMurchy v Employsure Pty Ltd and Belflora Pty Ltd v Vinflora Pty Ltd – restraint of trade clauses; and

- Seymour v Drill Engineering & Pastoral Company Pty Ltd – performance.

Discussions on the changes to the Australian Consumer Law affecting the definition of ‘consumer transaction’, unfair contract terms and penalties are also included and to legislation changing the jurisdiction and structure of State, Federal and Territory courts.

Item ID: 81546
Item Type: Book (Later Edition)
ISBN: 9780455248219
Keywords: Law of contract; contracting electronically; Australian Legal system
Copyright Information: Copyright to Thomson Reuters (Professional) Australia Limited
Date Deposited: 10 Jan 2024 00:54
FoR Codes: 48 LAW AND LEGAL STUDIES > 4805 Legal systems > 480504 Legal institutions (incl. courts and justice systems) @ 5%
48 LAW AND LEGAL STUDIES > 4806 Private law and civil obligations > 480601 Contract law @ 95%
SEO Codes: 23 LAW, POLITICS AND COMMUNITY SERVICES > 2399 Other law, politics and community services > 239999 Other law, politics and community services not elsewhere classified @ 100%
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