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Contract in Commercial Law

Contract in Commercial Law

By Simone Degeling, James Edelman and James Goudkamp (editors)

Contract in Commercial Law is a collection of essays based on the papers presented at the Contracts in Commercial Law Conference 2015. This work brings together the views of leading commentators in the area – Judges, Academics and Legal Practitioners – in this key area of the law.

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  • Full description

    Contract in Commercial Law is a collection of essays based on the papers presented at the Contracts in Commercial Law Conference 2015. This work brings together the views of leading commentators in the area – Judges, Academics and Legal Practitioners – in this key area of the law.

    This publication is the fourth title in the prestigious “Commercial Law Library” series, accompanying Equity in Commercial Law, Unjust Enrichment in Commercial Law and Torts in Commercial Law. Together these works comprise an unparalleled collection of essays examining deeper controversies and issues of principle in commercial law.

    Contract in Commercial Law guides practitioners through a complex, difficult and controversial area of the law, offering a unique resource illuminating the many particular and difficult issues of contract law.

  • About the author

    Professor Simone Degeling, UNSW Law; Co Director Private Law and Policy Group, UNSW Law; Editor, Journal of Equity.

    The Honourable Justice James Edelman, a Judge of the High Court of Australia.

    Associate Professor James Goudkamp, Fellow and Tutor in Law, Keble College, Oxford; Associate Professor, Oxford Law Faculty; Academic Fellow, Inner Temple; Senior Honorary Research Fellow, Faculty of Law, University of Western Australia; Honorary Principal Fellow, School of Law, University of Wollongong; barrister, 7 King’s Bench Walk.

  • Product details

    ISBN: 9780455237688

    Published: 2019

    Format: Hardcover

  • Table of contents

    The Honourable Chief Justice Allsop AO
    Characterisation of contractual terms and commercial relationships

    The Honourable Chief Justice Tom Bathurst AC
    General law principles impacting on contractual rights

    Dr Andrew Bell SC
    Excluding exclusion clauses: judicial and statutory techniques, freedom of contract and public policy

    Professor Andrew Burrows QC (Hon) FBA DCL
    Illegality as a defence in contract

    Professor Mindy Chen-Wishart
    Why bother with the consideration doctrine?

    Professor Hugh Collins FBA
    Is a relational contract a legal concept?

    Professor Joshua Getzler
    Contract formation and different conceptions of evidence

    The Right Honourable the Lord Hope KT PC
    Specific implement and specific performance – are they really much the same?

    The Honourable Justice Susan Kiefel AC
    Consideration in contract – some historical and comparative perspective

    Professor Ben McFarlane
    Equitable estoppel as a cause of action: neither one thing nor another

    Professor David McLauchlan
    The many versions of rectification for common mistake

    Professor Elisabeth Peden
    Evidence of “genuineness”? Available evidence on the question of penalties

    Professor David Percy QC
    The emergence of good faith as a principle of contract performance

    The Honourable Justice Andrew Phang and Goh Yihan
    Encounters with history, theory and doctrine – some reflections on discharge by breach of contract

    Professor Andrew Robertson
    The foundations of implied terms: logic, efficacy and purpose

    Professor Robert Stevens
    In praise and defence of the traditional rules for the interpretation of contracts

    Professor Andrew Tettenborn
    Of debts, damages and errant trustees

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