Carter's Breach of Contract
By: John W. Carter
About This Book
J W Carter's Breach of Contract established itself as the leading text on the subject in the Commonwealth, being regularly cited by the courts, including the High Court of Australia. Its central thesis was approved by the High Court in Koompahtoo Local Aboriginal Land Council v Sanpine Pty Ltd [2007] HCA 61. 2011 sees the publication of a new and expanded work, under the title Carter's Breach of Contract. The work is comprehensive in relation to both English and Australian law. Moreover, by drawing on decisions in the United States, Singapore and New Zealand, the American Law Institute's Restatement of Contract, 2d as well as the Uniform Commercial Code (US) and the United Nations Convention on Contracts for the International Sale of Goods, the work has a unique comparative dimension.
AI Overview
"Carter's Breach of Contract" by John W. Carter is a comprehensive treatise on the fundamental aspects of contract law, particularly focusing on breach of contract. Here is a detailed overview of the book:
Key Themes
Proof of Breach and Bases for a Right to Terminate: The book begins by exploring the essential elements required to establish a breach of contract and the various grounds that justify termination of a contract.
Breach of Contractual Terms: It delves into the different types of contractual terms, including conditions and intermediate terms, and analyzes the implications of breaching these terms.
Repudiation and Anticipatory Breach: The book examines the general principles surrounding repudiation and anticipatory breach, including refusal to perform and inability to perform.
Election: It discusses the concept of election, where the innocent party must decide whether to affirm the contract or terminate it, and the consequences of this decision.
Consequences of Termination: The final part of the book explores the general principles and enforcement of terms post-termination, including claims for damages, performance, and restitution.
Plot Summary
The book is structured into five parts, each addressing a critical aspect of breach of contract law:
- Part I: Proof of Breach and Bases for a Right to Terminate introduces the foundational concepts necessary to prove a breach of contract and outlines the bases for terminating a contract.
- Part II: Breach of Contractual Terms delves into the specifics of contractual terms, including conditions and intermediate terms, and their respective breaches.
- Part III: Repudiation and Anticipatory Breach examines the principles and implications of repudiation and anticipatory breach.
- Part IV: Election discusses the process of election, where the innocent party must decide whether to affirm or terminate the contract.
- Part V: The Consequences of Termination addresses the legal consequences following termination, including claims for damages, performance, and restitution.
Critical Reception
"Carter's Breach of Contract" has received positive reviews for its substantial and well-organized content. It is considered a valuable resource for both practitioners and academics in the field of contract law. The book is praised for its detailed analysis and comprehensive coverage of case law and statutory developments across various jurisdictions, including England, Australia, New Zealand, and Singapore.
The third edition, in particular, has been noted for its up-to-date analysis and inclusion of significant decisions post the second edition. This edition is highly regarded for its helpful comparisons across different jurisdictions, making it a crucial reference for legal professionals.
Editions and Availability
The book has been published in multiple editions:
- First Edition: Published in 2012 by Hart Publishing.
- Second Edition: Published in 2018 by Hart Publishing.
- Third Edition: Available in hardcover format, exclusive to Australia, and includes updated analysis and case law.
Overall, "Carter's Breach of Contract" is a seminal work in the field of contract law, providing a thorough and authoritative treatment of breach of contract principles. Its comprehensive coverage and detailed analysis make it a trusted resource for legal professionals and scholars alike.