Contract Law Commentaries, Cases and Perspectives 2e

Contract Lawintroduces 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. The commentary is clearly expressed and easy to understand and provides an accessible introduction to the law of contract without being too simplistic. International perspectives are included in each chapter and show a comparative analysis of Indian and Chinese contract law. This provides students with an insight into the law of major Australian trading partners. This will help to inform and educate Australian students by introducing them to the law in some other key jurisdictions and by improving their understanding of Australian law and their analytical skills by enabling them to compare and contrast our law with that in those regions. The text covers the law dealing with international contracts and incorporates a broad range of material, including US examples.

Philip Clarke is Emeritus Professor of Law and former Deputy Vice-Chancellor (Academic) at Deakin University.

Julie Clarke is a Senior Lecturer at the School of Law, Deakin University. Julie is a Barrister and Solicitor of the Supreme Court of Victoria.

PART 1 INTRODUCTION
1. The Nature and Importance of Contract Law
PART 2 FORMATION
2. Agreement
3. Certainty and Conditional Contracts
4. Consideration
5. Intention to Create Contractual Relations
6. Capacityation
7. Formalitieso Create Contractual Relations
PART 3 SCOPE AND CONTENT
8. Privity of Contract
9. The Terms of a Contract
10. Construction and Classification of Terms
11. Exclusion Clausest
PART 4 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 5 PERFORMANCE AND TERMINATION
19. Performance
20. Discharge by Agreement
21. Discharge for Breach
22. Discharge by Frustration
PART 6 REMEDIES
23. Damages and Liquidated Claims
24. Equitable Remedies