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Contract Law
Principles and Context

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  • Publication planned for: September 2019
  • availability: Not yet published - available from September 2019
  • format: Paperback
  • isbn: 9781107687486

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  • Contract Law: Principles and Context presents the development of contract law through a considered selection of cases that are both authoritative and used as factual examples to explain the law. The text introduces readers to the nature and range of contracts, the process for making a contract, rights and duties, adjustments to contracts, vitiating factors and unfair conduct, ending contracts, and remedies and restitution. The text considers the historical development of contracts through case law and legislation, then takes the reader to particular issues with contracts as they might arise in real life and navigates a legal pathway through them. Written in a clear and engaging style, Contract Law provides a fresh, topical and accessible account of the Australian law of contract, and is an invaluable resource for contract law students and practitioners.

    • The lead author, Andrew Stewart, is known for his clear and engaging writing style
    • Presents the development of contract law through cases that are both authoritative and used as factual examples to explain the law
    • Takes the reader to particular issues with contracts as they might arise in real life and then navigates a legal pathway through them
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    Product details

    • Publication planned for: September 2019
    • format: Paperback
    • isbn: 9781107687486
    • dimensions: 247 x 174 mm
    • availability: Not yet published - available from September 2019
  • Table of Contents

    Preface
    Table of cases
    Table of statutes
    Part I. Introduction:
    1. Some basic questions
    2. Themes and perspectives
    3. Resolving contractual disputes
    Part II. Making a Contract:
    4. Preparing to make a contract
    5. Formation
    6. Preliminary agreements
    7. Protecting reliance: the doctrine of Estoppel
    8. The parties to a contract
    Part III. Contractual Obligations:
    9. Terms and obligations
    10. Interpreting contracts
    11. Limiting or extending liability
    12. Performance of contractual obligations
    Part IV. Adjusting a Contract:
    13. Varying terms
    14. Transferring rights and obligations
    15. Impossibility and change of circumstances
    Part V. Ending A Contract:
    16. Termination of contracts
    17. Consequences of termination
    Part VI. Vitiating Factors and Unfair Conduct:
    18. Misinformation
    19. Undue pressure
    20. Unconscionability and unfairness
    21. Illegality and public policy
    Part VII. Remedies:
    22. Enforcing a contract
    23. Damages for breach of contract
    24. Restitutionary remedies
    Glossary
    Bibliography
    Index.

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    Contract Law

    Andrew Stewart, Warren Swain, Karen Fairweather

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  • Authors

    Andrew Stewart, University of Adelaide
    Andrew Stewart is the John Bray Professor of Law at the University of Adelaide and works as a consultant with the national law firm Piper Alderman. His research areas are employment law, contract law and intellectual property. He has published extensively in these areas, with some of his sole or co-authored works including Stewart's Guide to Employment Law (2008), Creighton & Stewart's Labour Law (6th edition, 2016), Intellectual Property in Australia (2nd edition, 1997) and Independent Contractors: A Practical Guide (2013). Andrew Stewart is a fellow of the Australian Academy of Law, an Editor of the Australian Journal of Labour Law and co-director of the Adelaide Law School's research group on Work and Employment Regulation.

    Warren Swain, University of Auckland
    Warren Swain is Professor of Law and Deputy Dean in the Faculty of Law at the University of Auckland. He has previously published The Law of Contract 1670–1870 (Cambridge, 2015) as part of the Cambridge Studies in English Legal History series, and is currently writing a monograph on the history of the law of contract in Australia and New Zealand between 1788 and 2000. He edited a collection on contract law teaching, Reimagining Contract Law Pedagogy with David Campbell (2019). He has published very widely on contract, tort, restitution and intellectual history in a number of jurisdictions. He is one of the world's leading historians of private law.

    Karen Fairweather, University of Auckland
    Karen Fairweather is a Lecturer in the Faculty of Law at the University of Auckland. Her main areas of interest are contract law, consumer law and financial services law. Her publications include three edited collections Private Law and Power (2016), Private Law in the 21st Century (2017) and Credit, Consumers and the Law (2018). She was a Prince of Wales Scholar of Gray's Inn and has previously taught at Durham University, the University of Queensland and the University of Adelaide.

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