Product Description
Contract and the Australian Consumer Law analyses the way the Australian Consumer Law has modified contract law. In particular, provisions in the Australian Consumer Law in relation to consumer guarantees for goods and services, unfair contract terms, misleading or deceptive conduct and unconscionable conduct are considered and analysed. The book discusses recent cases on these topics and extracts guiding principles from the legislation and the cases.
The text is intended to be read from cover to cover so as to present a birdseye view on the operation of the legislation in the context of contract law.
With a foreword by the Hon Justice Julie Ward of the Supreme Court of New South Wales, who describes the text as eminently readable with a coherent and focused analysis, the book is a must have for all practitioners of commercial law including construction law, property law and all forms of contractual disputes, as well as law students.
Foreword by The Hon Justice Julie Ward, Supreme Court of New South Wales
Preface
Table of Cases
Table of Statutes
Table of Abbreviations
Chapter 1 – Introduction
1. The Australian Consumer Law
2. The Derivation of the Australian Consumer Law
3. Components of the Australian Consumer Law
Chapter 2 – Consumer Guarantees Regime
1. Introduction
2. Consumer Guarantees
3. Rights and Remedies in Relation to Consumer Guarantees
Chapter 3 – Exclusion Clauses
1. General
2. Prohibited and Permitted Exclusion Clauses
3. Position Where Exclusion Clause Void
4. Drafting Exclusion Clauses
Chapter 4 – Liability of Manufacturers
1. General
2. Consumer Guarantees
3. Rights and Remedies
Chapter 5 – Misleading or Deceptive Conduct and Other Prohibited Conduct
1. General
2. The Prohibition on Misleading or Deceptive Conduct
3. Other Prohibitions
4. Representations in Relation to Future Matters
5. Remedies
Chapter 6 – Unconscionable Conduct Regime
1. General
2. Impact of Australian Consumer Law
3. Remedies
Chapter 7 – Unfair Contract Terms Regime
1. General
2. Application of the Regime
3. Terms which may be Unfair
4. Remedies
Index
