A nation's prosperity depends not only on the willingness of its businesses to export goods and services, and of its citizens and residents to travel to take advantage of opportunities overseas, but also on the willingness of the businesses and citizens of other nations to cross the nation's borders to do business. Economic expansion, and parallel increases in tourism and immigration, have brought Australians more frequently into contact with the laws and legal systems of other nations. In particular, in recent years, trade with partners in the Asia-Pacific Region has become increasingly important to the nation's future. At the same time, Australian courts are faced with a growing number of disputes involving foreign facts and parties. In recognition of these developments, and the need to ensure that the applicable rules meet the needs both of transacting parties and society, the Attorney-General's Department launched in 2012 a full review of Australian rules of private international law. This collection examines the state and future of Australian private international law against the background of the Attorney-General's review. The contributors approach the topic from a variety of perspectives (judge, policy maker, practitioner, academic) and with practical and theoretical insights as to operation of private international law rules in Australia and other legal systems. This title is included in Bloomsbury Professional's International Arbitration online service.

Provides a fresh, topical and accessible account of the Australian law of contract.

This book provides a summary of the 100 most cited cases in the law of contract and related subjects. Each case note contains an outline of the facts, the issues and the decision, an extract of the most frequently cited portions of the judgment, and commentary outlining the principles for which the case stands and incorporating later decisions on the topic. Each case is then distilled into a one-sentence statement of the proposition for which it can be cited as authority.The book covers not only cases that deal directly with contract law, but also cases that relate to topics having a close connection with contract, such as estoppel, unjust enrichment, relief against forfeiture and equitable vitiating factors. This approach provides the reader with a broad overview of the issues that are relevant to the practice, or study, of contract law.This book will be useful to law students, who can expect to read many of these cases during university, as well as to legal practitioners, providing a first point of reference for cases that, by definition, will be frequently encountered in practice.From the Launch, address by The Hon Acting Justice Arthur Emmett AO QC, 18 August 2017..."The genius of the work is the extraction of a single proposition for each of the 100 cases dealt with. Appendix 1 is a table, in alphabetical order, of the cases dealt with, showing opposite each case in the table the single sentence proposition gleaned from that case. Appendix 2 then organises all of the cases dealt with into 10 categories, which cover the principal topics of contract law. ... I congratulate Daniel and Lyndon on the production of this lepidum novum libellum, their charming new little book, a work of very high intellect but also of extremely practical utility." Read Launch notes...

Contract Law: Cases and Materials presents a selection of well-chosen cases and illuminating commentary ideal for introducing students to the study of contract law in Australia. Developed to accompany Stewart, Swain and Fairweather's Contract Law: Principles and Context, this casebook maintains the accessibility of the principles text while providing the depth and analysis of topics required to learn contract law. Following the structure of the principles text, this text explores areas not traditionally covered in other casebooks, such as resolving disputes, preparing to make a contract, preliminary agreements, and interpreting contracts. Each chapter also briefly explores contracts in international contexts. Containing well-chosen, carefully curated cases and extracts, Contract Law: Cases and Materials takes a practical approach to student learning and integrates rich pedagogy to build critical thinking and analysis skills, making it an invaluable resource for contract law students.

The operation of government purchasing contracts and the way the law applies to them, is the subject of thorough and penetrating analysis in this new edition of a standard work. It provides a complete analysis of important new developments and new material on legal risk in contracting, statutory contracts and trade practices law.

Commercial contract law is in every sense optional given the choice between legal systems and law and arbitration. Its 'doctrines' are in fact virtually all default rules. Contract Law Minimalism advances the thesis that commercial parties prefer a minimalist law that sets out to enforce what they have decided - but does nothing else. The limited capacity of the legal process is the key to this 'minimalist' stance. This book considers evidence that such minimalism is indeed what commercial parties choose to govern their transactions. It critically engages with alternative schools of thought, that call for active regulation of contracts to promote either economic efficiency or the trust and co-operation necessary for 'relational contracting'. The book also necessarily argues against the view that private law should be understood non-instrumentally (whether through promissory morality, corrective justice, taxonomic rationality, or otherwise). It sketches a restatement of English contract law in line with the thesis.

Seddon on Deeds provides important insights for practitioners on the hazards that can be encountered in using deeds and sets out how to ensure that a deed is legally sound and how to avoid trouble. This is the first Australian text on the law of deeds.

This book brings together a wide range of contributors from across the common law world to identify and debate the principal moral and systemic challenges facing private law in the remaining part of the twenty-first century. The various contributions identify serious problems relating to complexity and overload, threats to research and education, the law's unintelligibility, the unsatisfactory nature of the law reform process and a general lack of public engagement. They consider the respective future roles of statutes, codes, and judge-made law (in the form of both common law and equitable rules). They consider how best to organise the private law system internally, and how to co-ordinate it externally with other public and economic systems (human rights, regulation, insurance markets and social security frameworks). They address the challenges for private law presented by new forms of technology, and by modern demands for the protection of new and intangible forms of moral interest, such as interests in privacy, 'vindication' and 'personal choice'. They also engage with the critical contemporary debates about access to, and the privatisation of, civil justice. The work is designed as a source of inspiration and reference for private lawyers, as well as legislators, policy-makers and students.