Carter's Breach of Contract, 2nd Edition

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Carter's Breach of Contract, 2nd Edition

Author J W Carter 
Publication Date Oct 2018
ISBN 9780409348354
Format
Hardcover 
Publisher LexisNexis Australia

 

Through an extensive examination and analysis of original sources from the United Kingdom, Australia, New Zealand, Singapore, and other common law countries, Carter's Breach of Contract gives complete advice on the proof and consequences of breach.

It is the Commonwealth's main text on the law of breach of contract, with courts citing it frequently. The second version has been completely edited and updated, and it now includes a discussion of the following recent decisions:-

  • ENE Kos 1 Ltd v Petroleo Brasileiro SA (The Kos) (No 2) [2012] ENE Kos 1 Ltd v Petroleo Brasileiro SA (The Kos) (No 2) (clauses of indemnification)
  • Société Générale London Branch v Geys [2013] (non-renewal of work contracts);
  • Bunge SA v Nidera BV (previously Nidera Handelscompagnie BV) (Bunde SA v Nidera Handelscompagnie BV) (Bunde SA v Nidera Handelscompagnie BV (damages following termination for repudiation),
  • Montgomery v Lanarkshire Health Board (Lanarkshire Health Board) (Lanarkshire Health Board) (Lanarkshire (the Bolam test's applicability)
  • Grand China Logistics Holding (Group) Co Ltd (The Spar Capella) v Spar Shipping AS [2016] (contrast between express termination rights and common law rights to terminate).
  • Ayres v Urban 1 (Blonk Street) Ltd [2014] (Complete the notice analysis)
  • Paciocco v Australia and New Zealand Banking Group Ltd (2016) and Cavendish Square Holding BV v Makdessi v Makdessi v Makdessi v Makdessi v Makdessi v Makdessi v Makdessi v Makdessi (doctrine of penalties)
  • Woodside Energy Ltd v Electricity Generation Corporation (2014) (standard of duty applicable under a reasonable endeavours obligation).

The Consumer Rights Act 2015 (UK), the Insurance Act 2015 (UK), and the Contract and Commercial Law Act 2017 (NZ) were all taken into consideration.

TABLE OF CONTENTS of Carter's Breach of Contract, 2nd Edition

Part I — Proof of Breach and Bases For a Right to Terminate
1. Introduction
2. Failure to Perform
3. Bases for a Right to Terminate
Part II — Breach of Contractual Terms
4. Types of Contractual Terms
5. Breach of Condition
6. Breach of Terms Other than Conditions
PART III — Repudiation and Anticipatory Breach
7. General Principles of Repudiation and Anticipatory Breach
8. Repudiation and Anticipatory Breach Based on Words or Conduct
9. Repudiation and Anticipatory Breach Based on an Inability to Perform
Part IV —Election
10. Exercise of the Right to Terminate
11. Continuation of Performance and Revival of the Right to Terminate
Part V — The Consequences of Termination
12. General Principles and Enforcement of Terms
13. Claims for Damages, Performance and Restitution

 

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