There can be little doubt that Australian contract law today exists as a discrete and rich subject which merits serious study. This volume seeks to examine key questions and debates in respect of this body of law. Although appropriate attention is paid to developments in English law – which none would deny continues to be an important source of law for Australia – the focus is nonetheless thoroughly antipodean.
Introduction (John Eldridge and Timothy Pilkington)
Implied terms: constriction instead of construction? (Adam Kramer)
The ‘performance interest’ in contract Law (Katy Barnett)
Negotiating Damages in the UK Supreme Court (Andrew Burrows)
Limiting the recovery of damages for breach of contract in Australia: some important unresolved questions (David Winterton)
The contraction of restitution in the twenty-first century (Eli Ball)
Restitution for partial contractual performances (Timothy Pilkington)
Rationalising Australian equitable estoppel in the twenty first century: doctrinal coherence or fragmentation? (Allison Silink)
Contract Vitiation (Rick Bigwood)
Equitable doctrine, fairness and the law of contract in Australia (Warren Swain)
Government contracts – where private meets public (Nick Seddon)
The international dimensions of Australian contract law (Lisa Spagnolo)
Cognition and Automation in Contract Law (Ryan Catterwell)
Testing Stewart Macaulay’s theory down under: A study of Australian – small to medium-sized enterprises’ understandings of, and experiences with, contract law (Mark Giancaspro)
John Eldridge and Timothy Pilkington (eds), Australian Contract Law in the 21st Century. Published 10 March 2021, The Federation Press, 352pp. ISBN 9781760022532. Australian RRP $160.00, international Price $145.00.
First posted 2021-03-11 12:46:45
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