Contract Law in Australia

"Contract Law in Australia" by FAAL Emeritus Professor J. W. Carter is a seminal work in the field of Australian contract law. Here is a comprehensive overview of the book:

Key Themes

The book covers a wide range of topics in contract law, including:

• Contract Formation: The process by which a contract comes into existence.
• Terms of the Contract: The conditions and obligations that parties agree to in a contract.
• Parties to the Contract: The individuals or entities involved in the contract.
• Vitiating Factors: Factors that can render a contract void or voidable, such as misrepresentation, undue influence, and illegality.
• Illegality: Contracts that are prohibited by law.
• Performance and Breach: The obligations of parties to perform their contractual duties and the consequences of breach.
• Termination for Breach: The circumstances under which a contract can be terminated due to a breach.
• Termination by Frustration: The termination of a contract due to unforeseen circumstances.
• Remedies: The legal remedies available to parties in the event of a breach, including damages, specific performance, and restitution.

Plot Summary

The book is structured to provide a logical and detailed narrative of contract law principles. It includes:

• Explanatory Commentary: Clear explanations of essential concepts and their relationship to other contractual principles.
• Case Extracts: Carefully selected extracts from leading cases to illustrate key points.
• Relevant Legislation and Secondary Sources: Discussion of relevant legislation and secondary sources to provide a comprehensive understanding of the subject matter.
• Discussion of Reform: Analysis of potential reforms and further reading suggestions to keep the reader updated with the latest developments in the field.

Critical Reception

While specific reviews are not provided in the search results, the book is widely regarded as an authoritative resource in Australian contract law. It is praised for its:

• Comprehensive Coverage: The book covers 40 topics in contract law, making it a thorough resource for both students and practitioners.
• Updated Materials: The seventh edition, for example, includes extensive revisions to reflect developments in case law and legislation, such as Commonwealth Bank of Australia v Barker (2014) and Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd (2015).
• Practical Application: The book bridges the gap between theory and practice, providing detailed discussion of key cases and extensive citations of secondary literature.

Editions

The book has been published in several editions, including:

• 6th Edition (2013): This edition features new comprehensive information on the Competition and Consumer Act and Australian Consumer Law.
• 7th Edition (2019): This edition includes new materials on good faith and contract construction, with updated commentary, case extracts, and materials reflecting recent case law and legislation developments.
• 8th Edition (2022): This edition includes analysis of a dozen new Australian High Court cases and discussion of potentially influential UK Supreme Court decisions. It also incorporates relevant statutory revisions and includes over 500 new case references.

In summary, "Contract Law in Australia" by FAAL Emeritus Professor J. W. Carter is a highly regarded and comprehensive resource in the field of Australian contract law, known for its detailed explanations, extensive case extracts, and up-to-date coverage of legislative and case law developments.