Principles of Australian contract law : cases and materials

Full Title
Copyright
Preface to Fourth Edition
Table of Cases
Table of Statutes
Table of Contents
	1 Introduction to Contract Law
		Introduction
			The meaning of the word ‘contract’
			The purpose of contract law
	Part I: History and Theory
		2 History of Contract Law
			Introduction
			An overview of the history of contract law
			Instalment debts — legal remedies available
			The use of assumpsit as a contractual action
			Origins of the doctrine of consideration
		3 Contract Theory
			Introduction
			The normative and analytic questions for contract law
			Promise as the theoretical basis of contract law
			Transfer of property by consent as the theoretical basis of contract law
			A feminist critique of contract law
	Part II: Formation of a Contract
		4 The Fact of Agreement
			Introduction
			Offers or invitations to treat — promotional materials
			Offers or invitations to treat — self-service stores
			Offers or invitations to treat — auctions
			Offers or invitations to treat — tenders
			Counter-offer or request for further information and acceptance of offer
			Withdrawal of offers
			Withdrawal of offer where performance has commenced
			Acceptance of offers and reliance
			The postal acceptance rule
			The extent of the postal acceptance rule
			Exclusion of the postal acceptance rule
			Alternatives to offer and acceptance analysis
		5 The Requirements of Certainty and Completeness
			Introduction
			Agreements must be sufficiently complete
			Agreements must be sufficiently certain
			Agreements to negotiate in good faith and the requirement of certainty
			The enforcement of informal agreements
		6 Consideration
			Introduction
			Consideration must be bargained for
			Consideration must move from the promisee
			‘Past consideration’ is not consideration
			The existing contractual duty rule
			The rule in pinnel’s case
		7 Intention to Create Legal Relations
			Introduction
			The presumption in family, social, or domestic agreements
			Rebuttal of the presumption in family, social, or domestic agreements
			The presumption in commercial agreements
			The ermogenous approach to intention
		8 The Requirement of Writing
			Introduction
			The requirement of a written memorandum or note
			The payment of money and the doctrine of part performance
		9 Capacity
			Introduction
			The contractual capacity of an infant
			The capacity of a company at common law
	Part III: Terms of a Contract
		10 Express Terms
			Introduction
			Terms and mere representations
			The effect of signing a contract
			Misrepresentation and the signature rule
			Incorporation of terms by reasonable notice
			Incorporation of terms on the basis of prior dealings
			The parol evidence rule
			Collateral contracts
			Collateral contracts and the requirement of consistency
		11 Implied Terms
			Introduction
			Terms implied on the facts of the case
			Terms implied by law
			Terms implied by custom
			Implied terms of good faith
		12 Construction of Contractual Terms
			Introduction
			General principles of construction of terms
			The rule against evidence of pre-contractual negotiations
		13 Construction of Exclusion Clauses
			Introduction
			General principles of construction of exclusion clauses
			Exclusion clauses and liability in negligence
			The four corners rule
	Part IV: Vitiating Factors
		14 Misrepresentation
			Introduction
			Statement of fact
			Inducement
			The relevance of the materiality of the statement of fact
		15 Misleading or Deceptive Conduct
			Introduction
			The meaning of misleading or deceptive conduct
			Statutory remedies for misleading or deceptive conduct
			The ‘conduit’ argument
		16 Mistake
			Introduction
			Common mistake at common law
			No common mistake in equity
			Unilateral mistake as to identity
			Unilateral mistake as to the terms of a contract
			The doctrine of non est factum
		17 Duress
			Introduction
			The meaning of duress
			Duress to the person
			Economic duress
		18 Undue Influence
			Introduction
			The principles of undue influence
			Rebutting the presumption of undue influence
			The wife’s guarantee of her husband’s loan
		19 Unconscionable Transactions
			Introduction
			Unconscionability and intoxication and mental and physical weakness
			Unconscionability and business inexperience
			Unconscionability and problem gambling
			Unconscionability and business regulation — the Australian Consumer Law
		20 Contracts Review Act 1980 (NSW)
			Introduction
			What is unjust?
		21 Unfair Contracts
			Introduction
			Unfair contracts
			Unfair contractual terms in employment contracts
	Part V: Discharge
		22 Discharge by Performance
			Introduction
			The requirement for exact performance
			Substantial performance and discharge of contractual obligations
		23 Discharge by Agreement
			Introduction
			Discharge of a contract pursuant to an express or implied term of the original contract
			Discharge of a contract where the contract expressly provides that a nominated event must occur, but that event does not occur
			Discharge of a contract by release
			Discharge of a contract by abandonment
		24 Discharge by Breach
			Introduction
			Conditions and warranties
			Intermediate terms
			Time stipulations and notices to complete
			Termination pursuant to a contractual right to terminate
			Anticipatory breach
			Relief against forfeiture
		25 Discharge by Frustration
			Introduction
			Court orders leading to frustration
			Destruction of the subject matter of the contract leading to frustration
			Failure of a condition of the contract leading to frustration
			The effect of frustration at common law
	Part VI: Illegality
		26 Statutory Illegality
			Introduction
			Express statutory illegality
			Implied statutory illegality
		27 Common Law Illegality
			Introduction
			The illegality defence
			Contracts contrary to public policy
			Contracts prejudicial to the administration of justice
			Contracts in restraint of trade generally
			Restraints of trade in employment contracts
			Restraints of trade in exclusive dealing contracts
			Enforcement of a post-employment restraint of trade following repudiation by the employer
		28 Effect of Illegality
			Introduction
			The enforceability of contracts that are unlawful or have an unlawful purpose
			Illegality and claims based in tort law
			Illegality and the doctrine of severance
	Part VII: Remedies Based on Contract
		29 Damages for Breach of Contract
			Introduction
			Exemplary damages and breach of contract
			The date for assessment of damages
			Damages for loss of a chance
			The recovery of damages for non-economic loss
			Damages for reliance loss
			Damages for indemnity loss
			The rules of remoteness
			The obligation to mitigate
		30 Actions for a Fixed Sum and Debt
			Introduction
			The principles relating to penalties
			Actions for the recovery of a debt and instalment contract payments
			Actions in debt and the duty to mitigate
		31 Specific Performance
			Introduction
			The inadequacy of damages at common law
			Contracts for the sale of personalty
			Contracts for personal services
			Constant court supervision of an order for specific performance
			Laches
			The requirement that the plaintiff be ready, willing, and able
		32 Injunctions
			Introduction
			Restraints of trade in personal services contracts
		33 Equitable Damages
			Introduction
			Equitable damages in lieu of specific performance
			Equitable damages in addition to specific performance
		34 Rectification
			Introduction
			Rectification for common mistake
			Rectification for illegality
			Rectification for unilateral mistake
		35 Rescission
			Introduction
			The meaning of restitutio in integrum
			Partial rescission
			Loss of the right to rescind by affirmation
	Part VIII: Other Bases of Relief
		36 Equitable Estoppel
			Introduction
			The nature of equitable estoppel
			Detriment and equitable estoppel
			Relief based upon equitable estoppel
		37 Liability in the Law of Torts
			Introduction
			Fraudulent misrepresentation
			Carelessly made pre-contractual statements
			Concurrent liability and the measure of damages
			Torts for economic loss caused by intentional acts
			Justification and inducement to breach a contract
		38 Restitution
			Introduction
			Principles regulating the recovery of the value of work done or other non-monetary benefits supplied
			Entire contracts and restitution
			Restitution and recovery of money paid by mistake
			Recovery of money paid where consideration has totally failed
	Part IX: Third Party Rights
		39 Privity of Contract
			Introduction
			The privity of contract principle
			The trident case
			‘Himalaya clauses’ and privity of contract
		40 Assignment of Contractual Rights and Liabilities
			Introduction
			Contractual rights as choses in action
			Assignments in equity
			Assignment of the right to litigate for breach of contract
Index