CONTRACT CASES AND MATERIALS 14TH EDITION

Contract: Cases and Materials, 14th edition, continues to be the leading casebook for students of contract law in Australia. Significant new cases extracted in this edition include:

• Pipikos v Trayans [2018] HCA 39 (the doctrine of part performance);

• Mann v Paterson Constructions Pty Ltd [2019] HCA 32 (total failure of consideration and the availability of restitution where a contract has been terminated for breach restitution);

• Ecosse Property Holdings Pty Ltd v Gee Dee Nominees Pty Ltd [2017] HCA 12; (2017) 261 CLR 544 (the purposive construction of contracts), along with short extracts from Cherry v Steele-Park [2017] NSWCA 295; (2017) 96 NSWLR 548 and Apple and Pear Australia Ltd v Pink Lady America LLC [2016] VSCA 280 (the availability of extrinsic evidence);

• short extracts from Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd [2015] UKSC 72; [2016] AC 742 (the requirements for implication of terms in fact) and Esso Australia Resources Pty Ltd v Southern Pacific Petroleum NL[2005] VSCA 228 (the implication of a duty to act in good faith);

• Australian Competition and Consumer Commission v Chrisco Hampers Australia Ltd [2015] FCA 1204; (2015) 239 FCR 33 (unfair terms);

• short extracts from Lantry v Tomule Pty Ltd [2007] NSWSC 81 and Sharjade Pty Ltd v The Commonwealth of Australia [2009] NSWCA 373 (the circumstances in which a party in breach will be precluded from terminating a contract);

• Paciocco v Australia and New Zealand Banking Group Ltd [2016] HCA 28; (2016) 258 CLR 525 (penalties);

• a short extract from Simic v New South Wales Land and Housing Corporation [2016] HCA 47; (2016) 260 CLR 85 (rectification);

• Thorne v Kennedy [2017] HCA 49; (2017) 263 CLR 85 (undue influence and unconscionable dealing); and

• ASIC v Kobelt [2019] HCA 18 (statutory unconscionable conduct)