Carter’s Breach of Contract


Author: J.W. Carter
ISBN13: 9780409328141
Published: May 2011
Country of Publication: Australia
Format: Hardback
850 pages

Category: Product ID: 9779


This book Carter’s Breach of Contract is an expanded and updated edition of Breach of Contract, published in two editions by the Law Book Co, the last being published in 1991. It established itself as the leading text on the subject in the Commonwealth, being regularly cited by the courts, including the High Court of Australia.

Its central thesis was approved by the High Court in Koompahtoo Local Aboriginal Land Council v Sanpine Pty Ltd [2007] HCA 61. 2011 and this year sees the publication of a new and expanded work, under the title Carter’s Breach of Contract. The work is comprehensive in relation to both English and Australian law.

Moreover, by drawing on decisions in the United States, Singapore and New Zealand, the American Law Institute’s Restatement of Contract, 2d as well as the Uniform Commercial Code (US) and the United Nations Convention on Contracts for the International Sale of Goods, the work has a unique comparative dimension.

 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 Terminate
11. Continuation of Performance and Revival of the Right to Terminate
PART V. The Consequences Of Termination
12. The Consequences of Termination


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