Download or read book The Interpretation of Contracts in Australia written by Kim Lewison and published by . This book was released on 2011 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: THE INTERPRETATION OF CONTRACTS IN AUSTRALIA provides practitioners with essential guidance on the construction and interpretation of contracts, including in difficult matters of disputed interpretation. This adaptation of the widely acclaimed English title THE INTERPRETATION OF CONTRACTS by Sir Kim Lewison has been long awaited. Former Chief Justice Spigelman of the Supreme Court of NSW writes in the Foreword to this work. Now barrister David Hughes and Sir Kim Lewison have thoroughly revised the English text to reflect Australian law, while retaining the structure and principles of interpretation of the first nine chapters of the English edition. These principles of construction and interpretation are discussed in chapters which proceed through the key rules governing each of them. Extracts and summaries of decisions are provided to illustrate the application of those rules. The text's insights will inform the process of drafting or revising a contract by identifying key principles and discussing them comprehensively, yet concisely, with reference to case law. By enabling lawyers to construct arguments rooted in the case law, this new Australian work will help lawyers better challenge contracts and explain their inadequacies.
Download or read book Interpretation of Contracts written by Kim Lewison and published by . This book was released on 2013 with total page 119 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 5th edition provides thorough treatment of one of the most fundamental areas of law - the interpretation of contracts. All those drafting, revising or advising on written agreements will benefit from its detailed discussion of the rules of contract interpretation.
Download or read book Principles of Contract Law written by Jeannie Paterson and published by . This book was released on 2015 with total page 931 pages. Available in PDF, EPUB and Kindle. Book excerpt: Principles of Contract Law, 5th Editionremains Australias premier text for students of contract law. The new edition has been significantly revised in light of recent developments. Paterson, Robertson & Duke at University of Melbourne.
Download or read book Unfair Contract Terms Law in Australia written by Jeannie Marie Paterson and published by . This book was released on 2011 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new and timely work provides up-to-date and detailed analysis of the new Unfair Contract Terms Law (UCTL) that was introduced as part of the Australian Consumer Law reforms of 2010, and which took effect in each state and territory from 1 January 2011. The UCTL represents a radical change in consumer protection law and in contract law. In Unfair Contract Terms Law in Australia experienced author and senior lecturer Dr Jeannie Paterson explains the operation of the UCTL and considers the implications for standard boilerplate terms in consumer contracts. The work also examines the background to the reforms and utilises precedents drawn from similar regimes that have operated in Victoria and the UK. UNFAIR CONTRACT TERMS IN AUSTRALIA will be highly useful for litigation purposes and compliance work. It will appeal to competition, consumer and commercial solicitors and barristers as well as regulators involved in drafting, reviewing and enforcing standard form consumer contracts. Traders dealing with consumers will find this work invaluable as they review their contracts to ensure compliance with the legislation. UNFAIR CONTRACT TERMS IN AUSTRALIA is a vital resource for the adjustment to, and ongoing compliance with, the new law.
Download or read book Contract in Commercial Law written by Simone Degeling and published by . This book was released on 2016-12-14 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Principles of Contractual Interpretation written by Richard Calnan and published by OUP Oxford. This book was released on 2013-09 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book re-evaluates the rules of construction and explains clearly the principles which guide the courts in interpreting contracts.
Download or read book Contract written by Jeannie Marie Paterson and published by Lawbook Company. This book was released on 2009 with total page 1088 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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).
Download or read book Commercial Contract Clauses written by Joshua Andrew Thomson and published by . This book was released on 2015-09-30 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Contract Interpretation in Investment Treaty Arbitration written by Yuliya Chernykh and published by International Litigation in Press. This book was released on 2022 with total page 632 pages. Available in PDF, EPUB and Kindle. Book excerpt: "As the book clearly explains, there are situations in which questions of contract law need to be examined by investment tribunals - mainly as preliminary or incidental questions, to determine issues such as contract liability or breach of contract, that in turn are assumed as a basis for the issues of investment law in dispute"--
Download or read book A Unified Approach to Contract Interpretation written by Ryan Catterwell and published by Bloomsbury Publishing. This book was released on 2020-07-23 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: Interpretation or construction is central to the operation of contract law. Despite the fundamental role it plays, there have been limited attempts to explain construction in holistic terms. This important book aims to fill that gap by offering a systematic exposition of the iterative process. It also goes further, suggesting practical solutions to disputes regarding questions of interpretation. The book argues that construction is not simply about establishing what words mean; it is a process through which objective intention is inferred from the choice of words in a contract. The interpretive process involves four steps: formulate the question of interpretation in dispute; explore competing answers to the question; analyse the admissible material supporting each interpretation; and weigh and balance the competing considerations. By so doing, the book offers a simple yet sophisticated framework for interpreting/constructing contracts.
Download or read book Australian Cases on Contract 2009 Edition written by Manfred Paul Ellinghaus and published by . This book was released on 2009-02-15 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains the most uptodate and comprehensive selection available of Australian cases on contract law. It contains all modern decisions of the High Court in this field, and a substantial selection of cases from other courts. The 2009 edition includes 4 new decisions of the High Court, as well as other important new decisions delivered by Australian courts in the past year. The book differs from other casebooks in a number of ways: Meticulous linebyline editing technique. All judgments are incorporated, including dissents. All significant doctrinal content is preserved. Useful citations and footnotes are retained. Running reference to original paragraph or page numbers. Cases are presented in chronological sequence. There is also a comprehensive index.
Download or read book The Modern Contract of Guarantee written by James O'Donovan and published by . This book was released on 2010 with total page 969 pages. Available in PDF, EPUB and Kindle. Book excerpt: This English edition of a classic text on the subject of commercial credit and security has been re-written to emphasise English law, and focuses on the liability of a surety to pay a commercial debt if the principal borrower does not. The coverage includes: analysis of the factors affecting the validity of the guarantee such as duress and undue influence and the liability of the lender for the acts of the principal borrower; construction of guarantees and the meaning of clauses commonly inserted in guarantees; special principles applicable to guarantees being discharged, and how the lender can guard against that eventuality; difficulties in enforcing guarantees; and rights of guarantors, including rights of set off, indemnity and contribution.
Download or read book The Construction and Performance of Commercial Contracts 2nd Edition written by William Duncan and published by . This book was released on 2018-06-30 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Electronic Contracts 2nd Edition written by S. Blount and published by . This book was released on 2015-07-28 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In this new edition, Dr Blount continues his scholarly and very valuable contribution to this emerging area of the law. The significance of a text like this, that synthesises the law and categorises issues that arise in an area vital to our daily lives, cannot be understated. From the foreword to the first editon by In his forward to the book, the Honourable Justice Steven Rares J. This book identifies issues of contract law that are uniquely problematic for electronic contracts, such as whether clicking an oÂeÂ~I agreeoÂeÂ(tm) box is really an acceptance of the terms of a contract, whether acceptance of an offer by email or text message attracts the postal acceptance rule, whether notice of terms can be given by hyperlink, and whether a term of oÂeÂ~fit for purposeoÂeÂ(tm) can be implied at common law for the download of software. In addition to considering the when, where and how of electronic contract formation and the incorporation and vitiation of webpage terms, the book analyses a large number of important common law appellate and superior court decisions to predict the likely law of electronic contracts for all common law jurisdictions, including Australia. Expanded to cover the new developments in this area this second edition includes a new chapter on international conventions and model laws. This book will be of immeasurable assistance to legal practitioners litigating and drafting electronic contracts, as well as to practitioners, academics, and students interested in the legal problems arising from the new information technologies. Features oÂeo Detailed and scholarly coverage of the topic oÂeo Applies a comparative approach oÂeo Author considers over 150 common law electronic contract cases at appellate level Related Titles Seddon and Ellinghaus, Cheshire and FifootoÂeÂ(tm)s Law of Contract, 10th ed 2012 George et al, Social Media and the Law, 2014
Download or read book Contract Law written by Carey Goodall and published by . This book was released on 2013 with total page 21 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Cheshire Fifoot Law of Contract 11th Australian Edition written by N. C. Seddon and published by . This book was released on 2013 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Construction of Commercial Contracts written by JW Carter and published by Bloomsbury Publishing. This book was released on 2013-01-04 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book adopts a principled approach to the law applied in the construction of commercial contracts. This approach is presented as part of a coherent theory of the law of contract construction which makes a unique contribution to scholarship and understanding of the most important aspect of the practice of commercial lawyers. The law is explained by reference to three stages in construction. It distinguishes the preliminary stage in which context is established, from the 'meaning' and 'application' stages of contract construction. The approach provides insights both into the practical problems that lawyers face, in particular in relation to admissibility of extrinsic evidence, and the theoretical underpinnings of the subject. The book also explains the relationship between intention and construction, and discusses general and specific rules that determine the results of construction disputes. Each chapter is introduced by statements of its objectives and the book includes simple definitions of key concepts, as well as summaries of the complex principles which comprise the law of construction. In illustrating construction principles and their application, the exposition of the law draws on the author's knowledge of Australian contract law and the influence and role of the UNIDROIT principles, CISG and the American Restatement (Second) Contracts.
