Part A - Formation Chapter 1 - Incapacity Chapter 2 - Offer and Acceptance Chapter 3 - Uncertain Agreements and Contingent Conditions Precedent Chapter 4 - Intention to Effect Legal Relations Chapter 5 - Consideration Chapter 6 - Formal Requirements Part B - The Terms of the Contract Chapter 7 - Express Terms Chapter 8 - Construction of Terms: General Chapter 9 - Construction of Terms: Extrinsic Circumstances Chapter 10 - Implied Terms Chapter 11 - Exemption Clauses Part C - Third Parties Chapter 12 - Third Party Rights and Obligations Chapter 13 - Assignment Part D - Vitiating Factors Chapter 14 - Misrepresentation Chapter 15 - Mistake Chapter 16 - Duress Chapter 17 - Undue Influence Chapter 18 - Unconscientious Conduct Chapter 19 - The Restraint of Trade Doctrine Chapter 20 - Illegality Other Than Restraint of Trade Part E - Discharge of Contracts Chapter 21 - Performance and Breach Chapter 22 - Discharge by Agreement Chapter 23 - Discharge by Frustration Chapter 24 - Discharge by Breach Chapter 25 - Other Forms of Discharge Part F - Remedies for Breach Chapter 26 - Damages Chapter 27 - Specific Performance Chapter 28 - Injunctions Chapter 29 - Lord Cairns' Act Chapter 30 - Rectification Chapter 31 - Rescission.
"Heydon on Contract" is a comprehensive treatise on the law of contract in Australia, authored by The Hon. Dyson Heydon. The book is part of a two-volume series, with the first volume focusing on the general part of the law of contract and the second volume addressing particular contracts.
Capacity to Enter into a Contract: The book begins by examining the fundamental concept of capacity to enter into a contract, highlighting the complexities arising from the tension between protecting vulnerable individuals and allowing them to contract freely.
Offer and Acceptance: Chapter 2 delves into the intricacies of offer and acceptance, emphasizing the objective theory of contract. It also discusses the concept of an "invitation to treat" and the nuances of communicating acceptance in unilateral contracts.
General Supremacy of Objective Theory: The book underscores the supremacy of the objective theory in contract law, providing detailed justifications for this principle and its implications in various contractual scenarios.
Complexity and Exceptions: Heydon's detailed analysis demonstrates that while general principles can be stated, the law is often encrusted with exceptions and underlying policies. He does not hesitate to point out divergences from classical orthodoxy, adding depth to the discussion.
The book is structured to provide a thorough understanding of the Australian law of contract. It covers essential topics such as capacity, offer and acceptance, and the general principles governing contractual obligations. The detailed discussion includes historical references and contemporary interpretations, making it a valuable resource for practitioners.
"Heydon on Contract" has received positive reviews for its comprehensive and compelling guidance on the law of contract in Australia. The book is praised for its detailed analysis and the inclusion of literary allusions and acerbic reflections, which make it engaging for readers.
Launch and Reception: The launch of "Heydon on Contract: The General Part" was attended by notable figures in the legal community, including Lord Justice Beatson and Professor Cartwright. The book was described as "brilliantly written and splendidly produced," with a useful table of contents and index.
Endorsements: The book has been endorsed for its practical insights and theoretical depth. It is noted for its ability to navigate the complexities of contract law in a way that is both accessible and authoritative.
The book is available in hardback format, with the first volume focusing on the general part of the law of contract and the second volume addressing particular contracts. The ISBN for the first volume is 9780455500201, and it contains 1238 pages.
In summary, "Heydon on Contract" is a seminal work in Australian contract law, offering unparalleled guidance through its detailed analysis and engaging writing style. It is a must-have resource for practitioners seeking to understand the intricacies of contract law in Australia.