this product is unavailable for purchase using a firm account, please log in with a personal account to make this purchase.

Looking for something?
  • Product unavailable. Please contact bookshop on 03 9607 9348.
Contract and the Australian Consumer Law

Contract and the Australian Consumer Law

By John W Carter and Laina Chan

This book analyses the way the Australian Consumer Law has modified contract law. In particular, provisions in the Australian Consumer Law in relation to consumer guarantees for goods and services, unfair contract terms, misleading or deceptive conduct and unconscionable conduct are considered and analysed. The text discusses recent cases on these topics and extracts guiding principles from the legislation and the cases.

 

Competition Consumer Law 

Member

$63.00*

Non-Member

$70.00

VIEW CART
  • Full description

    This book analyses the way the Australian Consumer Law has modified contract law. In particular, provisions in the Australian Consumer Law in relation to consumer guarantees for goods and services, unfair contract terms, misleading or deceptive conduct and unconscionable conduct are considered and analysed. The text discusses recent cases on these topics and extracts guiding principles from the legislation and the cases.

    The text is intended to be read from cover to cover so as to present a bird’s eye view on the operation of the legislation in the context of contract law.

    The book is a must have for all practitioners of commercial law including construction law, property law and all forms of contractual disputes.

  • About the author

    Laina Chan has been at the bar since 2004. Prior to 2004, she was a solicitor at firms including Minter Ellison and Phillips Fox. Upon graduation, she was researcher to Clarke JA and Kirby JA in the New South Wales Court of Appeal. She has been recognised as the leading expert in Australia on the interplay between construction and insurance law. She has also been identified as a woman to watch by the University of Sydney Law School and a game changer in the Top 100 Women in Construction.

    She has been published in many leading journals on property, construction and insurance law. She has also presented nationally and internationally on construction law and international arbitration. She has been a guest lecturer at the University of Melbourne Masters of Construction Law Course and the University of Sydney Masters of Contract Law Course. In August 2019, she will receive her Certificate of Management Excellence from Harvard Business School.

    Since 1996, she has appeared on significant construction and commercial cases. In that period, she has seen an increase in the use of consumer claims in virtually all commercial disputes. She brings this practical insight into the textbook.


    Professor John W Carter is Australia's leading authority on contract law.

    He has an international reputation and has published in many leading journals. Professor Carter has authored some of Australia's leading contract law texts including Carter on Contract and is currently the General Editor of the Journal of Contract Law.

    Professor Carter was awarded a PhD from the University of Cambridge for his dissertation on Breach of Contract. Between 1996 and 2013 he held a personal chair in Commercial Law at the University of Sydney. He has also served as a part-time commissioner at the Law Reform Commission of New South Wales. Professor Carter has published major works in the areas of Breach of Contract, Contract Law and the Law of Restitution.

    Professor Carter taught contract law for over 30 years and today continues his long tenure as a consultant to leading international law firm Herbert Smith Freehills.

    His works are a 'must-have' resource for everybody who is involved in contract law and contract negotiations.

     

  • Product details

    ISBN: 9781760022013

    Published: 2019

    Format: Softcover

  • Table of contents

    Foreword by The Hon Justice Julie Ward, Supreme Court of New South Wales
    Preface 
    Table of Cases 
    Table of Statutes 
    Table of Abbreviations

    Chapter 1 - Introduction

    1. The Australian Consumer Law 
    2. The Derivation of the Australian Consumer Law 
    3. Components of the Australian Consumer Law

    Chapter 2 - Consumer Guarantees Regime

    1. Introduction 
    2. Consumer Guarantees 
    3. Rights and Remedies in Relation to Consumer Guarantees

    Chapter 3 - Exclusion Clauses

    1. General 
    2. Prohibited and Permitted Exclusion Clauses 
    3. Position Where Exclusion Clause Void 
    4. Drafting Exclusion Clauses

    Chapter 4 - Liability of Manufacturers

    1. General 
    2. Consumer Guarantees 
    3. Rights and Remedies

    Chapter 5 - Misleading or Deceptive Conduct and Other Prohibited Conduct

    1. General 
    2. The Prohibition on Misleading or Deceptive Conduct 
    3. Other Prohibitions 
    4. Representations in Relation to Future Matters 
    5. Remedies

    Chapter 6 - Unconscionable Conduct Regime

    1. General 
    2. Impact of Australian Consumer Law 
    3. Remedies

    Chapter 7 - Unfair Contract Terms Regime

    1. General 
    2. Application of the Regime 
    3. Terms which may be Unfair 
    4. Remedies

    Index

Similar Products

  • Product unavailable. Please contact bookshop on 03 9607 9348.
Contract in Commercial Law

Contract in Commercial Law

Simone Degeling, James Edelman and James Goudkamp (editors)

Member

$233.10*

Non-Member

$259.00

  • Product unavailable. Please contact bookshop on 03 9607 9348.
Cases and Materials on Contract Law in Australia e7

Cases and Materials on Contract Law in Australia e7

J W Carter

Member

$152.10*

Non-Member

$169.00

  • Product unavailable. Please contact bookshop on 03 9607 9348.
Annotated Competition and Consumer Legislation 2019 (25th Anniversary Edition)

Annotated Competition and Consumer Legislation 2019 (25th Anniversary Edition)

Ray Steinwall

Member

$157.50*

Non-Member

$175.00

  • Product unavailable. Please contact bookshop on 03 9607 9348.
Miller's Australian Competition & Consumer Law Annotated e41

Miller's Australian Competition & Consumer Law Annotated e41

Russell V Miller

Member

$135.90*

Non-Member

$151.00

* The ‘Member’ price shown on this page refers to the standard discount for a Practicing Member. Other members, such as Student Members, may be entitled to lesser discount.