This edition provides a completely up-to-date and enhanced coverage of the law of contract with a continued emphasis on explaining how the courts apply the law in practice in the cases before them.
It remains an easy to read, easy to understand text and reference book – especially for students encountering the law of contract for the first time and incorporates all the major changes since 2017 – including the High Court’s decisions in:
- Pipikos v Trayans – part performance;
- Ecosse Property Holdings Pty Ltd v Gee Dee Nominees Pty Ltd and Rinehart v Hancock Prospecting Pty Ltd – construction of contracts;
- Victoria v Tatts Group Ltd – ambiguity;
- Thorne v Kennedy – undue influence and unconscionability;
- ASIC v Kobelt – statutory unconscionability;
- Moore v Scenic Tours Pty Ltd – damages for disappointment and distress;
- Mann v Paterson Constructions Pty Ltd – quantum meruit; and
- Berry v CCL Secure Pty Ltd – causation and calculation of damages.
- Other Federal, state and territory courts decisions are also included in areas as diverse as:
- privity of contract – Clarence City Council v Commonwealth of Australia;
- using post-contractual conduct to identify the parties – BH Australia Constructions Pty Ltd v Kapeller;
- government ‘promises’ – Roo Roofing Pty Ltd v Commonwealth;
- enforceability of voluntary association rules – Hogan v Fraser and Setka v Carroll;
- consideration and the ‘existing duty’ rule – Searle v Commonwealth of Australia;
- the ‘practical benefit’ test – Hill v Forteng Pty Ltd;
- promissory estoppel – FJ & PN Curran Pty Ltd v Almond Investors Land Pty Ltd;
- undue influence and ‘independent advice’ – Rahme v Benjamin & Khoury Pty Ltd;
- unfair contracts – ASIC v Bendigo and Adelaide Bank Ltd;
- penalties – Kay v Playup Australia Pty Ltd;
- and many others.
Legislative changes to the Australian Consumer Law and the ASIC Act to enhance consumer protection have also been included.