John W. Carter - Carters Guide to Australian Contract Law

National Library of Australia Cataloguing-in-Publication entry

2015 Ironhans Pty Limited. Under exclusive licence to Reed International Books Australia Pty Ltd trading as LexisNexis

First edition 2006; Second edition 2011

This book is copyright. Except as permitted under the Copyright Act 1968 (Cth), no part of this publication may be reproduced by any process, electronic or otherwise, without the specific written permission of the copyright owner. Neither may information be stored electronically in any form whatsoever without such permission.

Inquiries should be addressed to the publishers.

Cover painting Kathryn Elizabeth Carter, BA.
Edited by Rosemary Peers.

Design and typesettting in Minion and Myriad by DiZign Pty Ltd.
Printed in China.

Visit LexisNexis Butterworths at www.lexisnexis.com.au

This book is dedicated to the memory of my beautiful daughter Kathryn whose love of life, family and friends will always be an inspiration
Write me the stars and gaze at the page

Kat 2003

In terms of objects and structure, this edition follows the same pattern as the previous editions. However, the Problems and Solutions Chapters have been moved into the printed part of the book.

I have brought the book up to date, including taking into account intervening High Court decisions in areas such as damages, terms implied in law, construction and unconscionable conduct. I have also spent considerable time on each chapter, endeavouring to ensure that the text of each chapter is clear, accessible and useful. This has led to changes to many of the examples in the text and the various questions, including in the Quick Quiz sections. There are also a few chapters in which I have restructured material. is the main example.

My thanks to Rosemary Peers for doing such a fantastic job editing the manuscript and also to Diana Murray for preparing the proofs and tables.

I must also thank my secretaries at Herbert Smith Freehills, Daniela Furia and Ashley Liubertas, for their expert management of the proofs.

My wife Helen joins with me in thanking LexisNexis (particularly Serena Cubie) for once again converting our daughter Kathryns artwork into the cover of the book.

J W Carter
Sydney
October 2015

In the preface to the first edition I explained:

The use of the word Guide in the title of this book is intended to reflect the functional approach of the book and, in particular, the way in which it attempts to guide students of contract law through the various issues. The part headings which express all the important questions for a work of this level are themselves signposts to the map which the chapters represent. Each chapter other than ends with a series of brief questions which are intended to test a basic understanding of the content. More searching questions are included in the Problem Questions chapter, which is contained in the accompanying CD (along with the Solutions to Problems chapter). Recognising that students are expected to write essays and pass exams, and that an appreciation of the basics of contract drafting is helpful to an understanding of contract law, The How to Chapter and a Sample Contracts chapter have also been included. These are intended to reinforce the concept of the book as a Guide, as is the Guide Glossary.

Those objectives are equally applicable to this second edition.

In preparing this edition I have reviewed the entire book not only for accuracy but also for ease of understanding. Of course, it has also been fully updated. That updating included the incorporation of analysis of the Australian Consumer Law, which comes into operation on 1 January 2011. Where appropriate, the corresponding provisions of the Trade Practices Act 1974 (Cth) itself to be replaced by the Competition and Consumer Act 2010 (Cth) are noted.

My wife joins with me in thanking the publishers for allowing us to include the dedication and for converting Kathryns painting into the cover of the book.

As always, I have to thank Rosemary Peers for her work in editing the book with her usual skill, judgment and diligence.

The law is stated on the basis of the material available to me in bound volumes of reported cases on 1 November 2010.

JW Carter
Sydney
November 2010

Those cases reprinted at length in Carter, Cases and Materials on Contract Law in Australia, 6th ed, are distinguished by bold
References are to paragraph numbers

ABB Power Plants Ltd v Electricity Commission of New South Wales t/a Pacific Power (1995) .

Abbott v Lance (1860) .

Abrahams v Herbert Reiach Ltd [1922] .

Academy of Health and Fitness Pty Ltd v Power [1973] .

Actionstrength Ltd v International Glass Engineering IN.GL.EN Spa [2003] .

Adams v Lindsell (1818) .

Addis v Gramophone Co Ltd [1909] .

Administration of the Territory of Papua New Guinea v Leahy (1961) .

Administrative and Clerical Officers Association v The Commonwealth (1979) .