Since the last edition of Australian Commercial Law there have been fundamental legislative changes, particularly in the areas of consumer law, credit law and personal property securities.
These include:
- The introduction of new “unfair contract terms” and enforcement and remedies provisions by the Trade Practices Amendment (Australian Consumer Law) Act (No 1) 2010 (Cth);
- A re-drafting of many of the consumer protection provisions of the Trade Practices Act 1974 and their extension and consolidation in the new Australian Consumer Law;
- Amendments to the restrictive trade practices provisions of the Trade Practices Act 1974 (to be re-named the Competition and Consumer Act 2010 (Cth) from 1 January 2011);
- The establishment of a national registration system for credit providers by the National Consumer Credit Protection Act 2009 (Cth), together with new statutory obligations on those providing credit to consumers;
- The enactment of the National Credit Code (Sch 1 to the National Consumer Credit Protection Act 2009 (Cth)), to replace the State and Territory Uniform Consumer Credit Code;
- and The introduction of a completely new national personal property securities regime by the Personal Property Securities Act 2009 (Cth), which will replace the State and Territory registration systems.
These wide-reaching legislative changes have involved the re-writing of the chapters dealing with these topics in Australian Commercial Law. This edition not only incorporates these changes throughout the work but also the significant decisions handed down since the last edition. Australian Commercial Law, 28th Edition remains a comprehensive, current and leading text for students of business and commercial law.
CONTENTS
PART 1: INTRODUCTION
1. The Australian Legal System
PART 2: LAW OF CONTRACT
2. Introduction to the Law of Contract
3. Offer and Acceptance
4. Intention to Create Legal Relations
5. Consideration, Promissory Estoppel and Formalities
6. Contractual Capacity
7. Consent of Parties: Mistake, Misrepresentation and Unconscionable Contracts
8. Legality of Object
9. Contents and Interpretation of the Contract
10. Operation of the Contract
11. Termination of a Contract
12. Remedies
PART 3: COMMERCIAL TRANSACTIONS
13. Agency
14. Sale of Goods
15. International Sales Contracts
16. The Law of Electronic Commerce
17. Consumer Protection
18. Restrictive Trade Practices
19. Credit Law
20. Guarantees
21. Bailments
22. Property
23. Negotiable Instruments I: Bills of Exchange
24. Negotiable Instruments II: Cheques
25. Insurance
PART 4: BUSINESS ORGANISATION
26. Partnership
27. Company Law
PART 5: ALLIED AREAS OF LAW
28. Law of Torts
29. Law of Trusts
30. Intellectual Property
31. Bankruptcy
32. Criminal Law
33. Business Ethics
