An Introduction to the Law of Contract is a highly successful overview of the principles of contract law and how they apply in practice.
This seventh edition incorporates references to the new Competition and Consumer Act 2010 (Cth) as it applies to contracts generally but with especial reference to the provisions dealing with misleading and deceptive conduct, consumer guarantees, unjust contracts, exemption clauses, harassment and coercion, the effectiveness of disclaimers and the provision of alternative remedies.
Major cases included are:
- United Group Rail Services Ltd v Rail Corporation New South Wales and AMCI (IO) Pty Ltd v Aquila Steel Pty Ltd – agreements to negotiate in good faith;
- Olivaylle Pty Ltd v Flottweg AG (No 4) – the application of the postal rule in cases of emailed acceptances;
- PRA Electrical Pty Ltd v Perseverance Exploration Pty Ltd and Waldorf Apartment Hotel, The Entrance Pty Ltd v Owners Corp SP 71623, following the principle in Brogden v Metropolitan Railway Co in relation to contracts that arise through conduct;
- IATA v Ansett Australia Holdings Ltd – contractual intention and the need to give commercial contracts a businesslike interpretation;
- Ford v Perpetual Trustees Victoria Ltd – non est factum and the test for negligent signing; and
- Insight Vacations Pty Ltd v Young – strict interpretation of exemption clauses.
This edition also contains more detailed discussion on how the requirement for a signed memorandum can be satisfied by a series of connected documents; how the exceptions to the parol evidence rule apply, particularly in cases of ambiguity; the basis on which rectification will be ordered; the operation of the pleas of duress, undue influence and unconscionability; the validity of restraint of trade clauses; the consequences of repudiation, and the calculation of damages.
An Introduction to the Law of Contract, 7th Edition is essential reading for accounting, business and commerce students and a useful study aid for students undertaking contract law at undergraduate level.
Tertiary; University or College
Published: 15th December 2011
Publisher: Thomson Reuters Australia, Limited
Edition Number: 7