The fourth edition of Concise Australian Commercial Law has been updated to incorporate the legislative amendments and case law developments since the last edition. The updates and amendments to each chapter include the following:
- An Introduction to Studying Law includes a re-worked guide on how to approach business law and, in particular, how to approach the various forms of assessment. There are a number of worked examples of typical hypothetical problems, advice on how to approach research assignments and multiple-choice questions.
- The chapter on the Australian Legal System has been simplified so as to make it more accessible for the non-law student.
- In the Contract Law chapters, reflecting the changed legal and commercial environment, there are new sections on online contracting and the regulation of electronic transactions. These chapters also incorporate a number of recent decisions including the High Court's decisions in Paciocco v Australia and New Zealand Banking Group Ltd (2016) on penalties and Crown Melbourne Ltd v Cosmopolitan Hotel (2016) on unconscionable conduct and collateral contracts.
- The Consumer Protection chapter includes a number of significant cases in relation to s 18 (misleading conduct), ss 20 - 22 (unconscionable conduct) and ss 23 - 24 (unfair contract terms). The recent amendments to the unfair contract terms provisions that came into effect in November 2016 have also been included, along with relevant examples and cases.
- The chapter on the Law of Torts - particularly in relation to negligent misstatement - has also been extensively revised and re-worked to make it more accessible to the non-law student. Mules v Ferguson (2015) on the question of causation and the peer professional opinion defence liability has been included.
- The final chapters on Business Organisations contain a new introductory section and each chapter has been streamlined to provide optimum clarity for the non-law student.
To ensure the text is a more complete teaching and learning package, there are a revised set of tutorial activities at the end of each chapter that have been written with the non-law student in mind so that they can be genuinely used to determine whether learning outcomes have been met. There is also a guide on how to approach the study of commercial law, including advice on tackling the most common assessment tasks - hypothetical problem questions (where there are several "worked" examples), research assignments and multiple-choice questions.
There is a more extensive glossary in this edition and most of the relevant legislation is now included in the Appendix.
TABLE OF CONTENTS:
PART 1: INTRODUCTION
Chapter 1: An Introduction to Law and the Australian Legal System
PART 2: LAW OF CONTRACT
Chapter 2: Introduction to the Law of Contract
Chapter 3: Offer and Acceptance
Chapter 4: Intention to Create Legal Relations
Chapter 5: Consideration, Promissory Estoppel and Formalities
Chapter 6: Contractual Capacity
Chapter 7: Genuine Consent
Chapter 8: Legality of Object
Chapter 9: Contents and Interpretation of the Contract
Chapter 10: Operation of the Contract
Chapter 11: Termination of a Contract
Chapter 12: Remedies
PART 3: CONSUMER PROTECTION
Chapter 13: Consumer Protection
PART 4: TORTS AND ETHICS
Chapter 14: Law of Torts
PART 5: BUSINESS RELATIONSHIPS
Chapter 15: Law of Agency
Chapter 16: Law of Partnership
Chapter 17: Corporations Law
PART 6: BUSINESS ETHICS
Chapter 18: Business Ethics