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ISBN: 9780195516470

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AU$135.00

NZ$165.00

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Contract Law

Commentaries, Cases and Perspectives

Philip Clarke, Julie Clarke, Ming Zhou

Contract Law introduces students to the fundamental principles, theories and arguments in 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.

 

  • Concise extracts — identifies the key extracts from leading cases and makes them accessible for students.
  • Provides international perspectives in each chapter with a comparative analysis of Chinese and Indian law.
  • Student summaries included throughout.
  • First year law students will find the material accessible.
  • Incorporates a broad range of material, including US examples.
  • Up-to-date and provides a new approach to misleading conduct.
  • A detailed introduction is presented in each chapter to clearly set the scene for subsequent materials and commentary.

Part I: Introduction

1 The nature and importance of contract law

Part II: Formation

2 Agreement

3 Certainty and conditional contracts

4 Consideration

5 Intention to create contractual relations

6 Capacity

7 Formalities

Part III: Scope and Content

8 Privity of contract

9 The terms of a contract

10 Construction and classification of terms

11 Exclusion clauses

Part IV: Avoidance

12 Misleading or deceptive conduct

13 Mistake

14 Duress

15 Undue influence

16 Unconscionable conduct

17 Unfair terms

18 Illegality and public policy

Part V: Performance and termination

19 Performance

20 Discharge by agreement

21 Discharge by breach

22 Discharge by frustration

Part VI: Remedies

23 Damages and liquidated claims

24 Equitable remedies

 

Philip Clarke - Professor of Law and Dean of the Faculty of Business and Law, Deakin University

Julie Clarke - Lecturer, School of Law, Deakin University

Ming Zhou - Lecturer, School of Law, Victoria University