The Interpretation Of Contracts In Australia

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The Interpretation Of Contracts In Australia

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Author : Kim Lewison
language : en
Publisher:
Release Date : 2011

The Interpretation Of Contracts In Australia written by Kim Lewison and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Contracts categories.

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.

Unfair Contract Terms Law In Australia

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Author : Jeannie Marie Paterson
language : en
Publisher:
Release Date : 2011

Unfair Contract Terms Law In Australia written by Jeannie Marie Paterson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Consumer contracts categories.

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.

Interpretation Of Contracts

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Author : Kim Lewison
language : en
Publisher:
Release Date : 2013

Interpretation Of Contracts written by Kim Lewison and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Contracts categories.

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.

Principles Of Contract Law

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Author : Jeannie Marie Paterson
language : en
Publisher: Lawbook Company
Release Date : 2008-01-01

Principles Of Contract Law written by Jeannie Marie Paterson and has been published by Lawbook Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-01 with Contracts categories.

PRINCIPLES OF CONTRACT LAW, 3rd Edition remains a leading text for students of contract law. The new edition has been significantly revised in light of recent developments, particularly in relation to the nature of contract and misleading and deceptive conduct. Also included is further analysis of the issues in electronic contracts; examination of the new developments in the award of damages for rectification; and discussion of new case law on the prohibition of unfair contract terms. PRINCIPLES OF CONTRACT LAW, 3rd Edition, together with its companion text, CONTRACT: CASES AND MATERIALS, 11th Edition present a truly Australian perspective and are an indispensable resource for students of contract law. Appendix: The Trade Practices Act 1974 (Cth).

The Interpretation Of Contracts In Australia

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Author : Kim Lewison
language : en
Publisher:
Release Date : 2025

The Interpretation Of Contracts In Australia written by Kim Lewison and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025 with Contracts categories.

The Interpretation of Contracts in Australia Second Edition provides practitioners with essential guidance on the construction and interpretation of contracts, including in difficult matters of disputed interpretation ... These principles of construction and interpretation are discussed in chapters which proceed through the key rules governing each of them, with extracts and summaries of decisions. The following matters are updated with new and more detailed analysis: The unitary and iterative process of interpretation; The use of recitals in the interpretation of a contract; Significant revision of the section on the implication of terms into a contract, following High Court decisions; The similarities and differences between interpretation and implication of terms; The extent to which a duty of good faith imports standards of objective reasonableness; The circumstances in which standard terms will be incorporated into contracts formed online; Deeper consideration of the use of background material to interpret a contract, including: An update on whether a contract must be ambiguous before background material can be used to construe the contract; Deeper analysis of the extent to which background material must be mutually known to the parties before it can be used to interpret the contract; The extent to which background material can be used to interpret standard form contracts; Deeper analysis of the extent to which knowledge of the legal background to a contract will be attributed to the parties.

Commercial Contract Clauses

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Author : Joshua Andrew Thomson
language : en
Publisher:
Release Date : 2015-09-30

Commercial Contract Clauses written by Joshua Andrew Thomson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-09-30 with Clauses (Law) categories.

Contract Interpretation In Investment Treaty Arbitration

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Author : Yuliya Chernykh
language : en
Publisher: International Litigation in Press
Release Date : 2022

Contract Interpretation In Investment Treaty Arbitration written by Yuliya Chernykh and has been published by International Litigation in Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with Law categories.

"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"--

Contract

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Author : Jeannie Marie Paterson
language : en
Publisher: Lawbook Company
Release Date : 2009

Contract written by Jeannie Marie Paterson and has been published by Lawbook Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Contracts categories.

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).

The Construction And Performance Of Commercial Contracts

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Author : S. A. Christensen
language : en
Publisher:
Release Date : 2014

The Construction And Performance Of Commercial Contracts written by S. A. Christensen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Commercial law categories.

This book analyses the principles underlying the construction and application of a number of boilerplate and other clauses commonly included in commercial contracts.The first Part of the work deals with general principles of interpretation. It then considers clauses which allocate commercial risk; clauses relating to performance; clauses introducing new parties by way of assignment, novation or nomination; clauses such as guarantees and indemnities which create liabilities in third parties; and dispute resolution clauses including governing law.The authors highlight common issues surrounding the application of these clauses in practice and, where appropriate, make drafting recommendations based on their analysis of case law and the operation of relevant statutes. This is a very accessible resource for all commercial practitioners.

Contract Law In Context

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Author : Jason Harris
language : en
Publisher:
Release Date : 2014

Contract Law In Context written by Jason Harris and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Commercial law categories.

Contract Law in Context was previously published by CCH Australia.Contract Law in Context presents the law of contract in its commercial context. This new title discusses the principles of contract law by following the life cycle of a commercial contract from negotiation to formation, execution, application and interpretation, and then to termination and remedies. The commentary includes references to other important areas of law, such as competition and consumer law, agency law and corporate law. This ensures readers better understand the context within which commercial contracts operate in the real world.Key cases and core principles are explained in terms of their relevance to real life commercial examples, rather than as abstract rules to be remembered and applied. A number of checklists, practical tips, and summaries of key cases and important concepts are included to help students understand the importance and relevance of contract law to business transactions.