Title: Contract: Cases & Materials: 14th edition
Publication date: 27/02/2020
Imprint: THOMSON REUTERS PROFSNL
Publishing status: Active
Contract: Cases and Materials, 14th edition, continues to be the leading casebook for students of contract law in Australia. Significant new cases extracted in this edition include: Pipikos v Trayans  HCA 39 (the doctrine of part performance); Mann v Paterson Constructions Pty Ltd  HCA 32 (total failure of consideration and the availability of restitution where a contract has been terminated for breach restitution); Ecosse Property Holdings Pty Ltd v Gee Dee Nominees Pty Ltd  HCA 12; (2017) 261 CLR 544 (the purposive construction of contracts), along with short extracts from Cherry v Steele-Park  NSWCA 295; (2017) 96 NSWLR 548 and Apple and Pear Australia Ltd v Pink Lady America LLC  VSCA 280 (the availability of extrinsic evidence); short extracts from Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd  UKSC 72;  AC 742 (the requirements for implication of terms in fact) and Esso Australia Resources Pty Ltd v Southern Pacific Petroleum NL VSCA 228 (the implication of a duty to act in good faith); Australian Competition and Consumer Commission v Chrisco Hampers Australia Ltd  FCA 1204; (2015) 239 FCR 33 (unfair terms); short extracts from Lantry v Tomule Pty Ltd  NSWSC 81 and Sharjade Pty Ltd v The Commonwealth of Australia  NSWCA 373 (the circumstances in which a party in breach will be precluded from terminating a contract); Paciocco v Australia and New Zealand Banking Group Ltd  HCA 28; (2016) 258 CLR 525 (penalties); a short extract from Simic v New South Wales Land and Housing Corporation  HCA 47; (2016) 260 CLR 85 (rectification); Thorne v Kennedy  HCA 49; (2017) 263 CLR 85 (undue influence and unconscionable dealing); and ASIC v Kobelt  HCA 18 (statutory unconscionable conduct).