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AI Overview

The book "Contract and the Australian Consumer Law" by John W. Carter and Laina Chan provides a comprehensive analysis of how the Australian Consumer Law (ACL) has modified contract law. Here is a detailed overview of the book:

Key Themes

  1. Consumer Guarantees: The book delves into the provisions of the ACL related to consumer guarantees for goods and services, examining the rights and obligations of consumers and businesses under these guarantees.
  2. Unfair Contract Terms: It discusses the regulation of unfair contract terms, which are terms in standard form contracts that may cause significant imbalance in the parties' rights and obligations to the detriment of one party.
  3. Misleading or Deceptive Conduct: The authors analyze the provisions dealing with misleading or deceptive conduct, which is a key aspect of ACL aimed at protecting consumers from false or misleading information.
  4. Unconscionable Conduct: The book also explores the concept of unconscionable conduct, which involves transactions that are grossly unfair or oppressive, often targeting vulnerable consumers.

Plot Summary

The book is structured to provide a thorough understanding of the ACL in the context of contract law. It includes recent case studies and extracts guiding principles from the legislation and court decisions. The authors aim to present a bird's-eye view of how the ACL operates, making it a valuable resource for practitioners and law students alike.

Critical Reception

The book has received positive reviews for its readability and focused analysis. The foreword by the Hon Justice Julie Ward of the Supreme Court of New South Wales praises the text as "eminently readable with a coherent and focused analysis," making it a must-have for practitioners of commercial law, including construction law, property law, and all forms of contractual disputes.

Publication Details

  • Authors: John W. Carter and Laina Chan
  • Publisher: The Federation Press
  • Publication Date: February 2019
  • ISBN: 9781760022013

Availability

The book is available in paperback format from various online bookstores, including Booktopia, where it can be purchased with standard and express shipping options.