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Contract Law - Commentaries, Cases and Perspectives:Second Edition
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Contract Law - Commentaries, Cases and Perspectives:Second Edition

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Overview
Published 15 March 2012 (OUP)
ISBN: 9780195578454. Paperback, 720 pages.
Description

Philip Clarke and Julie Clarke 

  • Fully updated and revised in light of the new Australian Consumer Law, especially regarding unfair terms 
  • Concise extracts - identifies the key extracts from leading cases and makes them accessible for students 
  • Provides international perspectives in each chapter with a comparative analysis of Chinese and Indian law 
  • End of chapter review questions are new to this edition and help students consolidate learning. 

Contract Law introduces 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. 

Readership: First year undergraduate law students taking a contract law subject. 

About the Authors

Philip Clarke, Emeritus Professor of Law, Deakin University, and Julie Clarke, Senior Lecturer, Deakin University 

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. 

Table of Contents

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


Also available in Value Pack with Contract Law 3rd Edition

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