Cheshire & Fifoot law of contract / by Nick Seddon, Rick Bigwood.
2023
N10.K1 CHE 2023
Available at Brisbane, Rockhampton, Cairns
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Details
Title
Cheshire & Fifoot law of contract / by Nick Seddon, Rick Bigwood.
Edition
12th Australian edition
ISBN
9780409354874 paperback
Imprint
Chatswood, N.S.W. : LexisNexis Australia, 2023.
Copyright
©2023
Language
English
Description
clxxxvii, 1474 pages ; 24 cm
Call Number
N10.K1 CHE 2023
Summary
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); 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). - Publisher's website.
Bibliography, etc. Note
Includes bibliographical references and index.
Formatted Contents Note
Part I: Overview of the law of contract
1. Overview of contract law
Part II: 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 III: Breach and construction
9. Breach
10. Construction of contracts
Part IV: Excuses
11. Misrepresentation and misleading conduct
12. Mistake
13. Duress
14. Undue influence
15. Unconscionable conduct
16. Formalities
17. Incapacity
18. Illegal contracts
Part V: Termination
19. Termination by frustration
20. Termination for non-fulfilment of contingent condition
21. Termination for breach
22. Variation and termination by consent
Part VI: Remedies
23. Damages
24. Equitable remedies
25. Limitation of actions
26. Restitution and debt
Part VII: History and theory
27. Historical introduction to the law of contract
28. A guide to contract theory.
1. Overview of contract law
Part II: 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 III: Breach and construction
9. Breach
10. Construction of contracts
Part IV: Excuses
11. Misrepresentation and misleading conduct
12. Mistake
13. Duress
14. Undue influence
15. Unconscionable conduct
16. Formalities
17. Incapacity
18. Illegal contracts
Part V: Termination
19. Termination by frustration
20. Termination for non-fulfilment of contingent condition
21. Termination for breach
22. Variation and termination by consent
Part VI: Remedies
23. Damages
24. Equitable remedies
25. Limitation of actions
26. Restitution and debt
Part VII: History and theory
27. Historical introduction to the law of contract
28. A guide to contract theory.
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