Contract
Cases and Materials
By: Jeannie Marie Paterson, Andrew Robertson, Arlen Duke
CONTRACT: CASES AND MATERIALS 11th Edition provides students with essential resources for studying contract law in Australia. Contemporary cases which continue to shape contract law have been included in this new edition, while historically important cases have been retained to ensure students have a full picture of the law of contract as it stands today. Appendix: The Trade Practices Act 1974 (Cth).
AI Overview
The book "Principles of Contract Law" by Jeannie Marie Paterson and Andrew Robertson does not include Arlen Duke as an author. The book is a comprehensive textbook on contract law, specifically tailored for Australian students. Here is a detailed overview:
Key Themes
Introduction to Contract Law:
- The book begins with an introduction to the nature of contract and its place within private law, setting the foundation for the subsequent chapters.
Formation of Contracts:
- It delves into the formation of contracts, including discussions on agreement, consideration, intention to create legal relations, and capacity.
Contractual Terms and Interpretation:
- The book covers the interpretation of contracts, including the role of contractual purposes, absurdity, and the courts' general approach to construction. It also discusses implication for business efficacy and terms implied in law.
Estoppel and Restitution:
- The estoppel chapter provides a clear understanding of promissory estoppel in Australian law, while the restitution chapter has been extensively revised, particularly in light of recent high court cases.
Termination and Breach of Contract:
- The restrictions on termination chapter has been expanded to include detailed discussions on readiness and willingness requirements and relief against forfeiture. The penalties chapter has been revised to accommodate recent developments in case law.
Mistake, Duress, and Undue Influence:
- The mistake chapter has been substantially rewritten to clarify the principles. The duress chapter captures the distinction between unlawful and lawful act duress. The undue influence chapter has been updated in light of recent high court decisions.
Statutory Unconscionable Conduct:
- The chapter on statutory unconscionable conduct has been revised to take account of significant case law, such as ASIC v Kobelt.
Critical Reception
The book is recognized as Australia's premier text for students of contract law. The 6th edition has received substantial revisions and updates, reflecting the latest developments in Australian contract law. The revisions include detailed discussions of recent high court cases, such as Pipikos v Trayans, Mann v Paterson Constructions Pty Ltd, and Thorne v Kennedy, which enhance the book's relevance and authority in the field.
Authors
Jeannie Marie Paterson is a Professor of Law at the University of Melbourne and the Director of the Centre for AI and Digital Ethics. She is an expert in consumer and data protection law, particularly in the context of emerging digital technologies. Andrew Robertson is also a professor and collaborates with Jeannie on various legal texts, including "Principles of Contract Law".
Editions
The book has been published in multiple editions, with the 6th edition being the most recent. Each edition has been substantially revised to reflect the evolving landscape of Australian contract law.