The construction and performance of commercial contracts / S. A. Christensen and W. D. Duncan.

Alexandria, N.S.W. : The Federation Press, 2023.

3rd edition

200845

Contract law.

Contracts for deeds.

1. Contracts in contemporary commercial dealings

2. General principles for construction of contracts

3. Termination

4. Liquidated damages clauses

5. Exclusion and limitation of liability clauses

6. Entire agreement clauses

7. Passing of risk in real property transactions

8. Force majeure

9. Contingent conditions

10. Time provisions

11. Confidentiality clauses

12. Notice provisions

13. Further assurance and cooperation

14. Assignment

15. Novation

16. Nomination

17. Guarantees

18. Indemnities

19. Dispute resolution clauses

20. Governing law and jurisdiction clauses.

The third edition of this work analyses a number of commonly found boilerplate clauses in commercial contracts and illustrates, through case law, how the various forms of these clauses have been judicially interpreted. At the conclusion of each chapter, from the previous analysis, the book provides recommendations for the practitioner as to the issues that should be taken into account when drafting such clauses. The emphasis of the book is upon the application of the principles of contract directly in relation to the construction of contracts and is not merely a recitation of those principles. A number of recent cases have been added to this edition to illustrate points of construction. In addition, the book goes beyond the bounds of the common law of contract and also examines how the application of relevant statute law such as the Australian Consumer Law provisions relating to unconscionability, statutory guarantees and unfair terms impact the construction of certain contracts. Significant recent amendments to the Australian Consumer Law on Unfair Contracts affecting construction have been extensively analysed. - Publisher's website.

Includes bibliographical references and index.

9781760024550

lxix, 666 pages ; 25 cm