Contract Law in Australia, 7th edition (eBook)

Part I – Introduction

Introduction

Default Rules, Commercial Construction and Good Faith

Part II – Agreement

Formation of Contract

Uncertain and Incomplete Promises

Conditional Promises

Promises Supported by Consideration

Promises Supported by Estoppel

Promises Intended to Create Legal Relations

Promises Requiring Written Evidence

Part III – Terms of the Contract

Express Terms

Implied Terms and Consumer Guarantees

Construction Principles

Classification of Terms

Exclusion Clauses

Part IV – Parties to the Contract

Capacity

Privity of Contract and Plurality of Parties

Assignment of Contractual Rights

Part V – Vitiating Factors

Contracts Induced by Misleading Conduct

Misleading Conduct Under Statute

Contractual Mistake

Documents Mistakenly Signed

Duress

Undue Influence

Unconscionable Conduct, Unjust Contracts and Unfair Terms

Part VI – Illegality

Illegal Contracts

Contracts in Restraint of Trade

The Effects of Illegality

Part VII – Performance and Breach

Performance of the Contract

Breach of Contract

Part VIII – Termination for Breach or Repudiation

Right to Terminate for Breach or Repudiation

Restrictions on Termination

Consequences of Termination

Part IX – Termination by Frustration

Termination by Frustration

Consequences of Frustration

Part X- Remedies

General Principles of Contract Damages

Particular Issues in Contract Damages

Recovery of Sums Fixed by the Contract

Restitution

Specific Performance