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Carterís Breach of Contract, 2nd edition (Hardback)
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Carterís Breach of Contract, 2nd edition (Hardback)

Price: $289.00
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ISBN 9780409348354 NEW RELEASE 2018

Carter’s Breach of Contract is an authoritative and comprehensive coverage of breach of contact and its consequences


Format: Hardback


Carter’s Breach of Contract provides comprehensive guidance on the proof and consequences of breach, through detailed discussion and analysis of primary sources from the United Kingdom, Australia, New Zealand, Singapore and other common law jurisdictions. It is the leading text in the Commonwealth on the law of breach of contract, being regularly cited by the courts. The second edition is extensively revised and updated, including discussion of the impact of the following recent decisions:

• ENE Kos 1 Ltd v Petroleo Brasileiro SA (The Kos) (No 2) [2012] (indemnity clauses) 
• Geys v Société Générale London Branch [2013] (repudiation of employment contracts), 
• Bunge SA v Nidera BV (formerly Nidera Handelscompagnie BV) [2015] (damages following termination for repudiation), 
• Montgomery v Lanarkshire Health Board [2015] (application of the Bolam test) 
• Spar Shipping AS v Grand China Logistics Holding (Group) Co Ltd (The Spar Capella)[2016] (contrast between express termination rights and common law rights to terminate).
• Urban 1 (Blonk Street) Ltd v Ayres [2014] (analysis of notices to complete)
• Paciocco v Australia and New Zealand Banking Group Ltd (2016) and Cavendish Square Holding BV v Makdessi [2016] (doctrine of penalties)
• Electricity Generation Corporation v Woodside Energy Ltd (2014) (standard of duty applicable under a reasonable endeavours obligation).

Statutory developments taken into account include the Consumer Rights Act 2015 (UK), the Insurance Act 2015 (UK) and the Contract and Commercial Law Act 2017 (NZ).

Comments on First Edition:

‘This is a substantial and well-organised work. The complex Anglo-Australian rules and doctrines on this topic are presented in a scientific, accessible, detailed, and comprehensive manner.’

(Neil Andrews, book review [2013] CLJ 214)

‘… the work which everyone turns to whenever an issue relating to breach of contract arises’

(Andrew Phang and Goh Yihan (2017) 34 JCL 100 at 117)

‘… seminal treatise on breach of contract … the leading work on this important area of the law of contract in the Commonwealth’

(The ‘STX Mumbai’ [2016]).



• Authoritative discussion 
• Comprehensive guidance
• Extensive bibliography 
• Detailed index


Related Titles

Carter, Contract Law in Australia, 7th ed, 2018
Carter, Cases and Materials on Contract Law in Australia, 6th ed, 2011 
Carter, Carter’s Guide to Australian Contract Law, 3rd ed, 2015
Carter, Quick Reference Card — Contract Law I, 2nd ed, 2015
Carter, Quick Reference Card — Contract Law II, 2nd ed, 2015
Mason, Carter & Tolhurst, Mason & Carter’s Restitution Law in Australia, 3rd ed, 2016


John Carter is Emeritus Professor, University of Sydney and a Consultant at Herbert Smith Freehills. He is also General Editor of the Journal of Contract Law and a Fellow of the Australian Academy of Law.


Part I — Proof of Breach and Bases For a Right to Terminate


1. Introduction 
2. Failure to Perform 
3. Bases for a Right to Terminate


Part II — Breach of Contractual Terms


4. Types of Contractual Terms 
5. Breach of Condition 
6. Breach of Terms Other than Conditions


PART III — Repudiation and Anticipatory Breach


7. General Principles of Repudiation and Anticipatory Breach
8. Repudiation and Anticipatory Breach Based on Words or Conduct
9. Repudiation and Anticipatory Breach Based on an Inability to Perform


Part IV —Election


10. Exercise of the Right to Terminate 
11. Continuation of Performance and Revival of the Right to Terminate


Part V — The Consequences of Termination


12. General Principles and Enforcement of Terms 
13. Claims for Damages, Performance and Restitution

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